If the older gentleman shot him for throwing popcorn, he should be convicted and sent to prison. If the younger man physically hit him or grabbed him, its a bit murkier.

Agreed - but still a long way off from drawing and shooting. Unless something dramatic is reveled in the details the shooter belongs behind bars.

That's a pretty ignorant comment. I'm about as pro-gun ownership as they come, but based on the facts posted here I would not support his actions. Being an a-hole is not justification for murder.

This thread reminds me of the TM/GZ threads from a while back :(. I have a REALLY hard time believing that the older man was ever fearful for his life. Sounds like 2nd degree to me, but a jury will decide. Simply tragic to all parties involved at this point...

Unless the old man was as bloodied up as GZ was, he's not going to be able to use a SYG affirmative defense. Seems to me the texter died of testosterone poisoning, but it will be a stretch to claim the shooter had good cause.

Maybe the old guy was just tired of being crapped on.

What about the decease's wife?

Unless she was attacking the shooter, surely there can be no self defense claim on her injuries!

A terrible situation, only thing worse could have been if more people had been injured or killed by discharging in a close environment.

Help with what?

I agree with HardDrive. However, how did it ever get that far? People need to stop letting others push their buttons!

I read there was only one shot fired and it went through her hand as she was trying shield her husband. Not sure how that will play out legally. It'd be interesting if the same bullet were found to be justified in hitting one person, but negligent in passing through the first person it hit.

Admittedly this was many years ago but for several years back in the day I played slow-pitch softball in the San Antonio City Leagues with a team that at any given time had 5 or 6 SA cops. After the games we usually ended up at local bars for a few cold ones. To a man, every cop that i met while playing on that team had a real "dont even think about f$^&ing with me" attitude and I left one more than one occasion when things were getting a bit out of hand.

Lesson: don't even think about screwing around with cops and it appears even more so in todays world where the norm all to often seems to be shoot first and ask questions later.

I'm sure the guy who got killed had no idea the old man was an ex-cop and armed... until it was to late...

Witnesses told police they saw no punches being thrown during the incident, according to the report.

Your view would not represent the "majority", in most of these threads.

Somebody call the Whambulance!

One was complaining for the other to stop texting. The other was too childish to oblige and let it go.

I'm going to refrain from commenting on the gun issue...

I will comment on the movie issue...

We went to the movies last Sunday, some rude dork behind us had his phone go off, he answers... my wife looks over her sholder and gives him a dirty look (twice), he hung up.

At the beginning of every move I have attend for the last several years there is always an on screen request/warning to turn off your cell phone.

Our incident happened at a nicer theater (Regal), several time during the movie an usher wandered through with a flashlight no doubt looking for texters/phone callers/pirates, kids doing naughty things, etc.

I can't imagine complaining to management and not having them act immediately.

I understand having an important call, I can't understand not getting up an leaving the theater to take that call (or text). I feel this is just another case of our society becoming inconsiderate self important A-holes... I am not saying this poor guy deserved to be shot... however if he had exercised a little common sense.. and common courtesy... he would still be alive today.

I can't understand having an important call at the movies because my phone would be off. Ditto for texts. If you can't live for two hours without being on your phone, you should wait for the dvd to come out. To throw your food at an elderly man for making a very legitimate complaint is asking for trouble. Not that he deserved to die for it, but it was easily avoidable.

The old man was 100% in the wrong, unless he was in fear of imminent death or the death of someone else (defense of 3rd party). And the murder 2 charge demonstrates this.

Carrying brings a terrible responsibility. You have a DUTY to de-escalate if at all possible.

With the information that is coming out now, that no punches were thrown, I believe that the retired police officer over reacted and will most likely be convicted of some sort of manslaughter charge.

But, the man who was shot WAS being a jerk. I can understand his needing to use his phone, but he should have apologized when confronted over breaking the rules. He could have left the theatre for a moment to have completed his call/text. It would have ended. Instead he started a confrontation with an older man.

Now, under the circumstance, the older man should have tried to de-escalate the situation. He was armed. He was a trained police officer. He probably also knew and understood the law.

This was certainly an avoidable situation.

+1

was either one an engineer?