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We also know that the guy shot had a history of becoming mentally ungued if his dogs were threatened. That's a fact withheld from the jury that should have been available to Mr. Fish to back his story.
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I think the appeals court made it plain that this information should have been allowed and the jury to decide on its value. In 20/20 hindsight Mr. Fish may have overreacted but at the time who can say. He will probably reach a deal with the DA for time served and no new trail but there were lots of mistakes made. Just think of how much this has already cost Mr. Fish even if a new jury turns him loose. That is why you never use your gun as a first option.