- Joined
- Mar 5, 2019
I'm looking at what you cited, namely:You can defend yourself with deadly force if you unintentionally provoke the attack, and exhaust your ability to retreat. If you intentionally provoke an attack, you can't claim self defense period.
"[A person who provokes an attack may regain the right to use or threaten force if the person in good faith withdraws from the fight and gives adequate notice of the withdrawal to his assailant.]"
That seems to square with that I believe, if you bitch out and make a good faith effort to GTFO, you regain self defense.
In the context of Kyle, even if he did unlawfully point his gun at someone, provoking Pedobaum's attack, he made an effort to retreat until he was unable to anymore.
He could be hosed if it could be proven that he provoked with an intent to kill, but there's no evidence of that.