Lucky45 wrote:First, as has been suggested earlier, there is nobody walking around with a neon sign listing their criminal history. So therefore, any encounter where your handgun might be involved, should be thought out clearly and you should be ready to accept the consequences. For some to suggest the decedent was a bully and the shooter acted correct, you are basically condoning a serious problem for someone else in the future. Because the next similar shooting where the decedent does not have a questionable character, then will we have the same outcome?? The only difference would be knowledge of a person's character AFTER THE FACT/ SHOOTING.
I am not a lawyer and don't know the rules of evidence for grand juries.
This case was heard in Harris County, home of hang-em-high DA Charles Rosenthal. Nevertheless, the DA presented evidence of the decedant's record to the grand jury. (AFAIK, only the DA can present evidence to the grand jury.)
You are right that the defendant could not have known the criminal history of the decedant,
but ...
If you have a diploma from the school of hard knocks, you can tell the difference between a blowhard who says, "I'm going to kill you," and someone who actually is going to try in the next few seconds.
If the defendant said that he perceived that the decedant was about to kill him, and the decedant had a history of violent assaults, isn't that evidence that the perception may have been accurate? (This is mostly hypothetical, since we don't know everything the grand jury heard.)
I don't think you can find many people past their teen years, who attack someone unjustly, and don't have a history of violent crime. That kind of thing starts early.
As for civil suits by the decedant's survivors, I somehow doubt a guy who rides the bus has a lot of assets, especially after paying the defense attorney.
P.S.: I wrote this while Charles was posting his reply.
- Jim