Not self-defense; the threat was over by that point. Unless the jury is just incredibly based, this seems like a pretty damn strong case against the shooter.
You're correct though, the initial attack should absolutely be treated as an attempt to kill. But if it fails and the parties disengage, it's no longer an active threat. Now, if the attacker had charged the shooter afterward...completely justified shoot.
As is, this looks to me like vigilantism or revenge. Now, you can say there's a place for that, and the attacker was certainly fucking scum, but I don't think this was self defense.
On the one hand, there was no longer any threat to legally justify self defense.
But, despite a number of twitter users saying "well, what if there was a reason for the punch?" (including one nutjob saying "well, what if the black shirt guy raped the white shirt guy's daughter?!"), coming up behind someone and bashing him in the head is not justifiable either. And we all know there is minimal chance that the cops would have gone after the puncher (unless they could frame it as a racial thing)
Not self-defense; the threat was over by that point. Unless the jury is just incredibly based, this seems like a pretty damn strong case against the shooter.
You're correct though, the initial attack should absolutely be treated as an attempt to kill. But if it fails and the parties disengage, it's no longer an active threat. Now, if the attacker had charged the shooter afterward...completely justified shoot.
As is, this looks to me like vigilantism or revenge. Now, you can say there's a place for that, and the attacker was certainly fucking scum, but I don't think this was self defense.
I think if someone tries to kill you, and in your literal head-damage induced stupor you ventilate a nigger, that's self defense.
This is where I come down on this.
On the one hand, there was no longer any threat to legally justify self defense.
But, despite a number of twitter users saying "well, what if there was a reason for the punch?" (including one nutjob saying "well, what if the black shirt guy raped the white shirt guy's daughter?!"), coming up behind someone and bashing him in the head is not justifiable either. And we all know there is minimal chance that the cops would have gone after the puncher (unless they could frame it as a racial thing)
You only need 1 based juror. Juries have been sick of joggers before:
https://en.wikipedia.org/wiki/1984_New_York_City_Subway_shooting
If the jury nullifies is (unlikely) that could put a stop to the knock out game