General Discussion
In reply to the discussion: I'll never forget the look in their eyes, they were terrified of me... [View all]Honeycombe8
(37,648 posts)You're parsing words when you say the witness didn't hear or see blows. It was dark so he couldn't see the hands. But he saw both arms going down repeatedly to the guy on bottom, straddling him, martial arts mix style, he said...the motion as if he were hitting him. The jury is probably going to find that whoever that was on top was in fact hitting the guy on bottom. But they may find that it was GZ on top, or that they don't know who was on top & who was on bottom, since witness testimony contradicts each other.
TM wasn't injured as from a fight, so GZ didn't beat up TM, it seems to me.
That does not mean it was appropriate or legal for GZ to pull his gun out. GZ was smaller, but I find it hard to believe he couldn't get TM off him in some other way, if only to threaten him w/the gun but not use it. But I don't know.