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The "law" does not consider only one factor, i.e. sex or age, in a disparity of force analysis. All factors are considered. So you look at sex, age, weight, physical fitness, training and at least up to the grand jury level, possibly history. For instance, in a case in Houston earlier this year, there is a thread on it, a younger man armed with both a knife and a gun was no billed by a grand jury for shooting an unarmed older man on a bus. He was no billed because the older man was bigger, had a history of violence, and advanced on the shooter with a clear intent to do bodily injury. The disparity of force analysis in that case found that the older man had a disparity of force over the younger man. Disparity of force analysis is always going to look at all the factors. In the Lubbock case, we only know of one factor, age. We don't know about the other factors.

When I was in college my wife worked in a drug store with an exMarine who was in his early 70s, fifty years older than me. He was probably be the toughest man (if not for the 10 year daughter rule, I would use 3 initials instead) I have ever known personally. I played soccer in college and was in terrific shape but I would have never even thought about taking him on. Occasionally he would show my wife holds she could use to incapacitate people using me as the subject. I was always at his mercy. And then he would tell us what he would do, which always was worse, more effective and which I had no doubt he was fully capable of even at 70. Frankly, in close quarters, I would have been terrified to take him on even if I was armed, knife or gun, and he wasn't. So while usually someone who is older is in the weaker position, that doesn't always hold true.