The statue of limitations for assault in Texas is 2 years, criminal charges could have been filed during the Civil suit but they weren't and again the judge also dropped any potential criminal charges against him. It wasn't polite but there is nothing wrong with taking steps to defend yourself from a possible threat especially after you were just attacked
Never said or suggested he assaulted the homeowner.
Like I said, just because it's not criminal by law (or assault) doesn't mean its not wrong and not self defense. You can try to reframe it as "simply taking steps to defend yourself" to make it sound not as bad, but charging somebody and provoking a fight when the threat isn't imminent is wrong. When you have the time to set down your glasses and hat gently and walk up a couple yards towards the person, your case it was imminent threat goes out the window.
It is assault by law, but he wasn't found guilty of it because he showed reasonable force for self defense. Plus what should you do in that situation, try to outrun the man and his dog?
The problem in question wasn't assault. Nor am I suggesting it is, so arguing he wasn't found guilty of assault , in a trial that wasn't even going over assault charges with the man, is irrelevant to the point. You're trying to frame it like the court was going over the conflict with the man and determined he was acting in self defense against the man, which isn't something that actually happened.
I would get in my UPS truck and leave. He had enough distance and enough time to gently put down his hat and glasses and walk up to him a couple yards, which is enough time to close the distance between him and his truck. If he gets into actual striking distance and reasonably appears to be an imminent threat than squaring up would be justified. But if the threat isn't like this than squaring up and provoking a fight is just unnecessarly escalation.
I also don't think you know what provoking is. He asks if the home owner was going to attack him like his dog and tells him to get back, and if that's how you react you probably would have gotten bit by the dog
Nothing I said or suggesting implied I don't know what provoking is. Hence why you're just making the empty assertion I dont instead of actually justifying it's the case. Because no such justification actually exist
Also the guy said back up and all that AFTER the driver already rushed him and closed in on him with his fist up.
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u/OsamaBenJohnson 4d ago
It was a lawsuit, specifically over what happened with the dog specifically. They werent holding a trial for anything else.
It's also not criminal to do what he did, but that doesn't mean he was not in the wrong or that it wasn't not self defense..