Exactly. The Hoodie defense used to convict the intended victim. It’s the easier, in vogue path.
It is a very bad time to exercise your rights.
I pray this man wins in court, but I think he was foolish.
I would consider any one within the FENCE at 1 am to be malicious, and here in Tx the law says it is unreasonable for you to determine if they are armed after dark.
The Law here realizes that anyone, uninvited on your property after dark may be assumed to be up to no good.
Certainly some one uninvited in your fenced back yard at 1 AM.
He was probably just going to the convenience store for some Skittles and Arizona Tea and got confused and lost his way and ended up in that back yard.
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