mugs
Lifer
- Apr 29, 2003
- 48,920
- 46
- 91
A weapon isn't necessary. The victim believed he saw a weapon.
These are important facts you are over looking.
No, we don't know what the victim believed he saw, because he's dead. The thug says he believed he saw a weapon. Any reasonable person looking at the information we have would recognize that as most likely a lie.
If this gun he "thought" he saw really was imaginary, it's certainly not going to help his case. If it were a real shotgun he could rely in physical evidence to back up his claim. If it was imaginary, then it's going to come down to his credibility. His actions after the shooting, even if not indicative of guilt, are going to be pretty damning. If he went to the police, his claim of self defense would be more believable. If he mentioned the gun to his girlfriend, his claim of self defense would be more believable. He did neither. His claim of self defense is not very believable. Unless you really want to believe it.
In summary, your hero is going to jail for a long time.
