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I think the issue is did his brother "provoke" the incident? Based on my limited read, he didn't. If he did, then I agree with you.

BTW, I thought provocation was not a defense?

I would imagine that technically the bad-guy is still the one that instigated the trouble in the first place. If he hadn't, the incident would never have occurred. So based on what limited info you have provided, you are probably justified.

That is just an opinion, of course.