“Except...the victim did NOT continue to advance. He retreated.”
I believe he retreated after he was shot the first time.
In any event the State believes they can prove manslaughter to a jury. If the state can get all the circumstantial stuff like prior events, etc into court then I believe there is more to indicate he set up the situation in order to shoot someone than not. IOW - manslaughter.
Once manslaughter is established self-defense becomes much harder to prove. When Drejka fired the second time his assailant was not moving towards him and was in fact turning away. This is more supportive of Drejka’s intent to shoot than self-defense.
I tend to be in the "If you pick a fight with someone's wife, don't complain if you get knocked on your butt" camp. I've managed to go my entire life without picking a fight with someone's wife in a parking lot.
If someone is screaming at MY wife, and I knock him down, should I expect to be shot? If so, should I save time and just pull and shoot first?
If you pick a fight with someone's wife, or kick their dog, you have to expect SOME retaliation. I fully understand DRAWING the gun. I don't agree with the shooting. And yes, the only time I've drawn a gun in self-defense, I didn't have to shoot. Good thing. There were more of them than I had bullets....
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