Right, so at what point in a fist fight is it just that you whip out your gun and kill the guy you're fighting? The first punch? The sixth punch? Granted, it's probably before the
last punch, but any punch (including the very first) can "become" life-threatening. I could poke needles into you until you die, but it would not be just for you to shoot me after the first needle.
Deadly reactive force is just when it can be determined that a rational person could credibly fear for their life under the circumstances that they are facing. Involuntary manslaughter must not include a "cool down" between an attack and a deadly counter-attack. I don't believe that a rational person would fear for their life in that situation, given the evidence I have read. There was no cool down, based on the evidence I have read. Ergo, involuntary manslaughter.
The injuries on the back of his head are actually less than what I had the night I drunkenly dived (at speed) onto the pavement and busted open my arm through two layers of clothing. I have a permanent scar from that, and I bled more than all of the blood I can see in the photos you linked. Note also, that if he had received the cuts to his head while lying on his back, why have they all flowed as though his head were in an upright position, leaning forward (down his neck, and towards his face past his ears)?
Attachment 23491
I've seen fights on the rugby field where people are hurt more than that, and if any one of them had then killed the other, they'd be up for murder.
His life was not in danger, and he had not done enough to resolve the situation without using deadly force*. His actions were therefore excessive.
Of course, I'm happy for the jury to determine that for me, and he wasn't even facing the charge I think he should have been. I just don't think the outcome was the best.
*In my non-American mind, that includes the decision about what constitutes an appropriate weapon to be carrying, especially if it's going to be your first recourse (given the lack of blood on his hands).
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