“ You were not otherwise engaged in criminal activity, other than a Class C misdemeanor involving a traffic violation.”
“ c) A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section.”
Also note, the ex-wife (and perhaps, by extension, the boyfriend) were in violation of a CLASS B misdemeanor (contempt of court, punishable up to 6 months in prison) by violating a family court order to have the kids there at the appointed time.
It’s likely only the MOM that was violating, but you can’t conduct “criminal activity” against someone (Dad), then act like you’ve got the right to shoot them when they get angry about it. (This would definitely be an issue if MOM had shot him).
Also, was Dad “provoked” (certainly by bringing out the gun, but by the commission of a CLASS B misdemeanor, that in some ways, boyfriend was “accessory” to(not having kids there)... Did boyfriend help Mom/know beforehand she was violating court order??
Learn to read, and understand what the meaning of the words are, and how they apply in a case.
Child custody is a civil matter not "CRIMINAL", therefore NO criminal activity was used to "PROVOKE" as the law states above.
Reading comprehension is your friend.
KEY POINT: Where is it stated in your posting of the LAW that a person has no RIGHT to obtain the tools to use Deadly Force if needed?
Think now. This is a tough one for you.
"He is far from Stupid"
”person, who happens to have an above-average level of intelligence”
