He boiled it down to this - can you convince a jury there was a necessity at that point, when the guy is 10 feet away , to be shot in order to protect yourself or someone else from bodily harm?
Carruth shot 6/10ths of a second, (WHILE STILL MOVING BACKWARDS FROM BEING THROWN) after being thrown from his own docimile. From the time there was no longer physical contact, from being thrown, to the time of the "raising the gun and firing while still moving backwards from the inertia of being thrown, was ONLY .6(6/10ths) of a second.
No way in hell you'd ever get a legit GJ to file charges on that fact concerning time passed before firing from being physically assaulted.
Originally Posted by KFWA
He says its going to be tough because the video shows the situation was more or less de-escalated at that point.
Wrong, not with less than a second of time passing, as stated above.
Originally Posted by KFWA
But he conceded that all it takes is proof that he was advancing as opposed to standing still to change his mind, and likely win over a Texas jury (outside of Austin)
Read did in fact lift his left foot to advance a split second before the first shot. Read loses.
Originally Posted by KFWA
He also talked quite a bit about Texas law and while the porch is part of the domicile in Texas, its going to be hard to prove he was threatened in his home. I'm not sure I agree with his logic but he was saying that in self defense there is a difference in pushing someone off a porch versus, say being dragged out by your feet , but the other lawyers weren't convinced that Texas law really made that distinction.
Branca is clueless or purposely attempting to move the goal posts to help the gun grabber movement here.
Again, when Read stepped onto the porch, and committed 5 felony crimes against Carruth, at that very moment Carruth had legal right to use deadly force. The second he stepped onto the porch he had legal right to use deadly force.
Originally Posted by KFWA
I don't know, the other people who were interviewing him weren't convinced that the timing of it truly established the situation was de-escalated to the point that imminent harm wasn't a reasonable concern.
Not enough time had passed being it was only 6/10ths of a second, and with Carruth firing while still moving backwards, and hadn't even had a chance to fully "STOP", that right there seals it.
Originally Posted by KFWA
Branca wasn't swayed by it though and says this doesn't meet the criteria to establish self defense. I listened to them go back and forth for about 20 minutes on the topic. Branca is arguably the nations expert on self defense laws.
Nations expert.....but refuses to follow the written black letter of the law, while he supports the gun grabbers with his "expertise" by twisting the "facts" in this case.
Last edited by ElkSlayer91; 12/06/21.
"He is far from Stupid"
”person, who happens to have an above-average level of intelligence”
