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this post was submitted on 29 Sep 2023
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Pulling out a gun should have a VERY HIGH bar. This kid is clearly an idiot but was the bar high enough to kill him?
I am not a lawyer. So everything I say could be wrong and every state is different but generally I think there's a five point test for claims of self defense: Avoidance, Innocence, Imminence, Proportionality, and Reasonableness.
Avoidance is moot because I think this is Virginia and I think they have a no-retreat provision. Innocence is just that you didn't willingly engage in a fight that got out of control. So that applies. Imminence applies because it happened in the moment. I just don't see how Proportionality applies here. I just don't see how holding a cell phone is proportional to a shooting. Emotionally I get it that the YouTuber is a major jerkwad and may have deserved a comeuppance. But I don't think the jury followed the law.
I'm not a lawyer. Everything I said there could be wrong
Looks like someone has paid attention to Andrew Branca @ The Law of Self Defense.
No I've never heard of him. I just quickly researched self defense law.