A scenario (real) to assess

[Mongo]

My answer at THR... Flame me if you must...

Event One --

Peterson caught him in the act of doing this and some harsh words were exchanged. Peterson went back inside the house, grabbed a pistol and returned to the yard. During this time, Keitt and his two buddies had gotten back into their car and were getting ready to leave.

Event Two --

Coming outside into the yard with an unloaded revolver, Peterson stopped to load the gun while yelling "If you move I will shoot!". He then walked up to just inside his own gate and said "If you come in here I will kill you!" even though Keitt was still sitting in his car and had made no attempt to exit the vehicle.

I hate to say this, but I have to agree with the jury. These are two separate events. When Peterson grabbed the gun and came BACK out, event two started. From the story, the Keitt thugs were leaving (with or without the wipers, is unknown). Keitt was not on Peterson's property. Keitt, at that time, was not threatening Peterson. Peterson was po'd (rightfully so) and should have called the Police. He made several bad choices:

1. Not calling the police.

2. Not having a loaded gun when he went back out. (I don't agree with him going back out, but his gun should have been loaded)

3. Brandishing the gun at Keitt and threatening him with bodily harm. If he was going outside to yell at him some more, he should have concealed the gun. The brandishing probably escalated the argument.

[DefensiveCarry.com]

[Free American]

The one question I now have to ask, if the guy comes out with a gun to shoot somebody for stealing windshield wipers...was he under the influence? I really can't see a sober person being that irrational.