Horse crap, Protectionists. Dunn said there was a gun. (1) No gun or evidence of a gun was found. (2) He was discharging a gun at a fleeing vehicle from which no gun fire ever emerged. (3) Dunn flatly convicted himself.
Horse crap, Jake. How many times have you been educated in this thread that the absence of a gun DOESN'T MATTER.
REMEMBER 100 Yards ? Or do you just pay attention to whatever will feed your ludicrous position ?
Affirmative Defense. As soon as you assert an
Affirmative Defense, you do not have to prove that events happened exactly as you claim they do. However, you
have accepted responsibility to prove that all of the elements exist to, at the very least, make your claim
possible. In this case, that means there had to be a gun, witnesses to a gun, or a
reasonable expectation that there was a gun; in the absence of a gun, your "self-defense" claim carries no legitimacy.
The reason it works this way is because if it didn't then
no one could be convicted,
ever. Because all anyone would ever have to do is shout, "I saw a gun!", and gun, or no gun, it would be "my word against yours", and I get the benefit of doubt.