To prove murder, you have to prove his guilt beyond a reasonable doubt. For you to say that he was NOT defending himself, YOU have to have evidence that his intent was NOT to cause harm.
actually. No. We charge the guy robbing a store with Murder even if the clerk dies of a heart attack. It has long been established that Murder can be committed even if it was not intentional. A death in the commission of a crime qualifies.
IF to the jury it is plausible that Rosenbaum MIGHT have been hostile, then self defense is a valid legal defense.
Again. Not really. Kyle was aware he was violating the law when he went there that day. He was well aware he was prohibited by law from possessing or purchasing a weapon. So from the get go Kyle was determined to commit crimes. As mentioned above. Self defense is generally not allowed when a death occurs during the commission of a crime.
That is why so many of you lefties want to disallow the self defense defense. Because you know it is valid.
To conclude that his intent was non hostile, that is you wanting to guess or assume his intent, without evidence, so that you can put a man you don't like, in jail.
And the reason he would be in jail, is not because he committed a crime, but because you libs disagree with him politically.
Well we know he committed crimes. Possession of a firearm by a minor is a crime. Purchasing same firearm is a crime. Waving it around in a threatening manner is a crime. Trespassing is a crime. Kyle was in the midst of a vigilante crime spree before the first shot was fired.
What you want to have the Jury do is ignore all of Kyles crimes and focus on the possible crimes others may have been intending to commit.
You want the entire prosecution based solely on the shooting. Ignoring all the crimes that led up to it.
Now it is not unheard of for a criminals claim of self defense to be viewed as valid. In Texas a man growing marijuana fired at Deputies conducting an early morning raid. He claimed that the police did not identify themselves and believed he was the victim of a home invasion.
He killed a deputy. He was not indicted by the grand jury for the death. He was charged with and convicted of the other crimes.
It was generally believed that he had gotten away with Murder.
Many of the Deputies argued the DA did not properly explain the Murder statute to the Grand Jury.
There are a few cases where someone got away with claiming self defense. But those examples are extremely rare. And nearly all the examples were not put before an actual Jury.
Kyle had little choice but to claim Self Defense as his legal strategy. And there is an extremely low chance it will work. Especially since Jury Instructions preclude Jury Nullification.