TX: Self Defense or Aggravated Assault?

Gun Watch ^ | 5 April, 2015 | Dean Weingarten

[marktwain]

It seems that Michah Grable attacked William McBride.  McBride accessed a firearm, and used it to drive off Grable, but he did not continue to pursue him or to shoot at him.  The case seems to revolve around timing.  Did McBride reasonably believe that he was still under threat?  Did witnesses think so?

Both men were arrested.  Grable is out on $4,000 bond, while McBride is still in jail on $20,000 bail required by the court.   From kagstv.com:

According to the probable cause statement, Grable was upset with McBride and confronted him in the parking lot of Jesse's Taqueria and Bakery. Grable punched McBride in the face causing him to fall down. Once on the ground, Grable got on top of McBride and continued to punch him in the face and head.

Once McBride was able to get up, he went toward his vehicle and grabbed a handgun. Grable said he ran away and hid next to nearby building. According to Grable and witnesses, McBride pointed the gun toward Grable but did not follow him all the way to the side of the building. McBride eventually did return to the vehicle and put the gun away.

I did not find any comments at the story for clarification.   This may be an interesting case to follow, as it seems likely that self defense would be claimed.

©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
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[Terry L Smith]

in response to the picture ... you might have chosen a GIBSON, since this wonderful, beloved-by-all truly great amerikaan president, has it stuck in his craw about GIBSON guitars.

then, i believe you should find his ‘agent’ Colt, to help infuse his decision.

I didn’t know that LHO was into ‘grunge’ music, either.

[PLMerite]

Oh, I don’t have the talent to do that. I saw it years ago when it was originally titled “inna da gadda da Oswald” or something.