(08-09-2021 12:52 PM)georgewebb Wrote:  

(08-09-2021 12:40 PM)RiceLad15 Wrote:  

(08-09-2021 12:20 PM)georgewebb Wrote:  In general, it seems that in judging between the actions of a surrounding, partially armed mob and those of an individual trying to escape same, the benefit of doubt would lie with the individual more than with the mob.

One could be forgiven for suspecting that the operative factor in the DA's zeal to charge murder under these facts is the political slant of the particular mob. If all other facts had been the same save that the "assault rifle"-carrying protestor had been participating in a rally for Blue Lives Matter or some other unacceptable cause, it seems inconceivable that the Austin DA would pursue a murder charge against the shooter (who would perhaps be something of a local hero).

To my point, my understanding is that there are points of view that counter the bolded.

The only facts we know is that there was a car surrounded by protestors, one of which had a gun, and the driver shot and killed the protestor. Some witness accounts say the car was driving aggressively, I'm sure others say different. Some witness accounts say the AK was pointed towards the driver, and I know others say differently.

And regarding the benefit of doubt, I see what you're saying, but this situation seems much less cut and dry. What about the benefit of doubt for the protestors who, allegedly, saw a vehicle acting aggressively? There was one VERY high profile instance of a car plowing through a bunch of protestors and killing one. So if the car was acting aggressively and instigating, does it become lawful to use deadly force when they feel threatened in return?

Like I said, bad outcome all around here.

I don't know all the details either, which is why I led off with "in general".

With all the conflicting accounts, as you mention, it would seem to behoove the DA to investigate more thoroughly before pressing for indictment -- unless, of course, the DA is intellectually dishonest. As we have seen in district after district, time after time, that is all too often the case.

But has it not been investigated thoroughly? The shooting took place almost a year ago...