Sunday, April 05, 2015

TX: Self Defense or Aggravated Assault?



It seems that Michah Grable attacked William McBride.  McBride accessed a firearm, and used it to drive off Grable, but he did not continue to pursue him or to shoot at him.  The case seems to revolve around timing.  Did McBride reasonably believe that he was still under threat?  Did witnesses think so?

Both men were arrested.  Grable is out on $4,000 bond, while McBride is still in jail on $20,000 bail required by the court.   From kagstv.com:
According to the probable cause statement, Grable was upset with McBride and confronted him in the parking lot of Jesse's Taqueria and Bakery. Grable punched McBride in the face causing him to fall down. Once on the ground, Grable got on top of McBride and continued to punch him in the face and head.

Once McBride was able to get up, he went toward his vehicle and grabbed a handgun. Grable said he ran away and hid next to nearby building. According to Grable and witnesses, McBride pointed the gun toward Grable but did not follow him all the way to the side of the building. McBride eventually did return to the vehicle and put the gun away.
I did not find any comments at the story for clarification.   This may be an interesting case to follow, as it seems likely that self defense would be claimed.

©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
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