In applying this standard, the trial court “correctly permitted Bordeaux to introduce reputation or opinion testimony pertinent to his self-defense claim” and the circuit commended “the district court on its thoughtful approach to these difficult evidentiary issues, and conclude that it did not abuse its discretion.” Even if the trial judge had erred in excluding evidence of the victim’s violent character, the circuit concluded this was harmless as the evidence was “cumulative character evidence” with only “a slight influence” on the trial outcome. Bordeaux, 570 F.3d at 1051.
The circuit cited the defendant’s testimony about “numerous prior acts and threats made by Saupitty of which Bordeaux was aware before the shooting,” as properly admitted under FRE 404(b). Specifically, that the defendant “was aware that Saupitty had previously run over someone else with a car and that Saupitty had swerved at another person with his car. He also testified that he was aware that Saupitty had pulled a gun on another person and put a gun in the person’s face. Additionally, he testified that he had heard that Saupitty had a gun and threatened to ‘do something’ to Bordeaux, that Saupitty would shoot Bordeaux if he had the chance, and that Saupitty had written a rap song ‘indicating that he was going to kill [Bordeaux].’” Bordeaux, 570 F.3d at 1050.
In addition, the trial judge also correctly allowed “defense witnesses to testify regarding specific acts or threats that Bordeaux was aware of prior to the shooting.” This included one witness who testified that “he told Bordeaux that Saupitty ‘said [he was] going to kick [Bordeaux’s] ass and stuff.’” Another witness “testified that he told Bordeaux that Saupitty threatened to ‘bust out [Bordeaux’s] mother’s windows and that if he had a chance he would bust him up or ... beat him up....’” Bordeaux, 570 F.3d at 1050.
Finally, the trial judge allowed witnesses to testify about the victim’s “reputation[ ] for violence as permitted by Rules 404(a)(2) and 405(a). Specifically, defense witnesses testified that Saupitty has a reputation of being a ‘thug,’ ‘a troublemaker,’ ‘trying to be a tough guy,’ and of being someone who ‘likes to go around and cause trouble.’” Bordeaux, 570 F.3d at 1050.