Quote:
"I had to shoot, he could'a put an eye out with that thing"
It's only going to work if Ralphie's mother is the jury foreman and can sway the others
|
Deadly force is authorized when there is an immediate and unavoidable threat of death or grave bodily harm to the innocent. Loss of an eye constitutes grave bodily harm in pretty much every jurisdiction, so you should be able to get a jury instruction on the point and in your favor.
Or maybe you can tell the jury that the impact of a high velocity projectile (to wit, a BB) onto one of the few unarmored portions of a human skull can actually cause death. But let's not let facts get in the way of a tirade, right?