📰 Source: 4chan | /pol/

✍️ Original author: Anonymous

⬆️ score: 284

BREAKDOWN OF AFFIDAVIT OF COMPLAINT:

No racial slur alleged. Zero. The state’s affidavit contains not one word of Eatherly provoking Fox with a slur. That was the biggest threat to his self-defense claim. Gone.

Affidavit describes zero criminal conduct. Not one sentence states what Eatherly did that was unlawful.

“Verbal altercation” is not a crime. At most a misdemeanor that would apply equally to both men. Neither is charged with it.

“Bladed stance” is not a crime. Taking a defensive posture against an angry antagonist is legal.

“Reached for his firearm” is not a crime. Preparing to defend yourself is legal.

“A physical altercation ensued” is written in passive voice. The state does not allege Eatherly started it. By omission, the inference points to Fox as the initiator.

“Discharged his firearm, striking Fox multiple times” is not inherently unlawful. Thousands of lawful self-defense shootings fit this exact description annually.

Ricocheting rounds near bystanders is not a crime absent recklessness. The affidavit alleges no recklessness. Police miss roughly 70% of shots in lawful shootings.

Lawful self-defense shots are, as a matter of law, not reckless.

Affidavit does not contest any element of self-defense. Not Innocence, Imminence, Proportionality, Avoidance, or Reasonableness. Not a single one.

Charges: attempted murder, aggravated assault, reckless endangerment, employing a firearm during a dangerous felony.

THERE IS NO REALISTIC PATH TO CONVICTION, IT’S OVER, /OURGUY/ WILL WALK TOTAL CHIMPOUT INCOMING PLANET OF THE APES

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