Self defense is predicated on the totality of the circumstances, not just the presence of the gun and whose property it was.

Texas has castle laws and stands your ground laws.

If the guy wouldn't have done the chest bump.. it might not have happened.
Here is some of the verbiage from communist WA
person may use lethal force only when they have a reasonable fear of an imminent threat of death or great bodily harm to themselves or some other person in their presence. "Great bodily harm" means bodily injury which creates a probability of death, or which causes significant serious permanent disfigurement, or which causes a significant permanent loss or impairment of the function of any bodily part or organ. "Deadly force" means the intentional application of force through the use of firearms or any other means reasonably likely to cause death or serious physical injury.

The chest bump and verbal threat fits in that for WA.
The guy could of left peacefully after the weapon was shown.. the gun was not originally pointed at the 'chad"

Right. That means you don't have a DUTY to retreat. That does not absolve you of criminal charges when you do retreat but then reengage and escalate.

/e

Also:

The castle doctrine in Texas presumes that using force is reasonable and justified when another person:

unlawfully and with force enters or attempts to enter your habitation, vehicle, or work-place; or
attempts to remove you, by force, from your habitation, vehicle, or work-place;
was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
Texas Penal Code § 9.31

This post was edited by Santara on Nov 26 2021 04:11pm

I love how you think coming back onto your porch is considered re-engaging and escalating

attempts to remove you, by force, from your habitation, vehicle, or work-place;
(gets tossed off of porch - ignored this important fact)

This post was edited by S3th on Nov 26 2021 04:13pm

Its a matter of reasonableness
Was it reasonable for him to confront the non-threatening guy with a rifle and introduce a threat of deadly violence into their heated argument, instead of just staying inside?
Was it reasonable for him to fire a shot into the ground?
Was he in reasonable fear for his life when they struggled for the gun, necessitating him to shoot?

You might be able to establish the last but not the first two. Its pretty clearly a shooting motivated in part or in whole by anger. Its not some innocent bloke being attacked and threatened by a stranger, its two people arguing and escalating.

Dude, the porch is not "inside your habitation."

Reengaging makes you a co-belligerent.

This post was edited by Santara on Nov 26 2021 04:17pm

Very unfortunate. Legally, lawfully and TECHNICALLY it was self defense. The laws and loop holes are definitely on the gun guys side. Morally and ethically however, this is a great example why video proof is so amazing. It shows EXACTLY what happened. (At least in these moments. It doesnt show what happened before or if it was always like this when trying to get his son or if his rights were being messed with. Lots of variables still unanswered. Thats why these situations can be tricky.)

Unfortunately, this definitely looks like taking advantage of the situation and getting off with free murder. The guy with the gun had little man syndrome and took complete advantage of the laws.

We don't know what would had happened if the gun was taken from the little man, but we could only hope that the angry father would have just beat his ass or called him every name under the sun....and NOT kill him.

This is a great reminder we should always aim to de-escalate any situation like this and not further it or egg people on etc. You never know nowadays in such a stressful world who is going to say screw it and just snap or take advantage like this.

I believe the threat of him saying he would use the firearm on him if he got his hands on it gives more than just intent of the man at this point in time.

Yea its unfortunate man. It looks like the father was so angry he just kept pressing and didnt think the other guy really would. But he did. We can only assume