Define unarmed. If he was using his fists as instruments capable of inflicting serious bodily injury or death then he was armed with and wielding a deadly weapon.ELB wrote:Man shot during alleged assault arrested
29 y.o. man alleged to have been beating his stepfather outdoors, "...hitting him hard and stomping on him.” Attacker's brother tried to stop him without success. Brother retrieved a gun from the house, still couldn't stop the attacking brother, so shot him. In the calf of the leg.
Stepdad went to hospital for treatment, attacking brother went to hospital for treatment, followed by arrest and booking into jail. And as for shooting brother"
Interesting for its use of deadly force against "unarmed" assailant. Don't know the age of the shooting brother."It doesn’t look like charges will be filed against him, because it appears he was defending the third person, who happened to be his stepdad, but the case will be submitted to the district attorney’s office for review,” he [Guadalupe County Sheriffs Investigator] said.
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