The gang members would have to convince a jury that they reasonably believed Walt was going for a gun.
The fact that Walt already had a cigarette out weighs against that reasonable belief.
The fact that Walt died with a lighter in his hand is something of a clincher.
No matter how it’s characterized, Walt was an old, unarmed man on a public sidewalk. He was insulting the gang members which isn’t grounds for lethal force in self-defense. It might seem reckless of Walt — scratch that DEFINITELY seems reckless of Walt, until the coroner reveals Walt was dying.
A jury could believe that an unarmed old man would mouth off against a street gang because he’s got nothing to lose. But I’d bet real money they’d still convict them for killing him.
I dunno … OP raises some good points, but it’s still a pretty solid case.
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