There is no evidence to contradict his statement that he was attacked while heading back to his vehicle. Without evidence to contradict, his story has to stand. At absolute minimum, his uncontradicted account constitutes reasonable doubt.RottenApple wrote:That's the real question. Did he or didn't he. He said, "ok" to the dispatcher, and he says he headed back to the vehicle. To my knowledge, there's been no physical evidence released so far to prove he did or didn't.
No, I can legally walk any public place I choose and follow anyone in public that I choose to follow. That is never justification for the other party to commit aggravated assault (sidewalk against the head = deadly weapon).RottenApple wrote: What I'm curious about though, is if he didn't break off, does that justify T's attack on Z? I don't think so, but IANAL.