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To: AndyTheBear

Sorry, no. Unless the homeowner was a trained martial artist of some prowess, Texas courts would look at the obvious discrepancies between the musculature, frame and overall build between the two and determine that the much smaller and slighter homeowner would reasonably expect that if he engaged in hand to hand he would die or suffer grievous bodily harm. This has been case law for longer than I have been alive.

Texas law is *not* fond of adults who indulge in juvenile physical intimidation of smaller adults.


78 posted on 04/05/2022 3:08:26 PM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: Spktyr
homeowner would reasonably expect that if he engaged in hand to hand he would die or suffer grievous bodily harm

Well if there was a hand to hand death match between the two, yeah the small guy would have been at such a serious risk.

However there was no hand to hand death match. The big guy could have started one when he was nose to nose to the small guy with the gun on the porch. If the big guy was only willing to do violence he probably could have easily gotten the gun away and killed the little guy. But he was instead trying to shame the small guy and call his bluff...so the big guy was certainly risking his life, very foolishly so. But I saw no evidence the small guy's life was at risk for there was no evidence that the big guy intended to harm the small guy.

93 posted on 04/05/2022 3:53:33 PM PDT by AndyTheBear
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