From what I've read...
... I would put much more blame on the 40yo.
One poster indicated he google-satellite-mapped what he thinks to be the intersection where the 21yo exited his vehicle, and that if it was the right intersection, then it's very possible the 21yo's Mustang was physically blocked in by the truck.
If that were the case, I wonder if everybody would be saying, "stay in the car."
The reason I ask that is because I've always been taught that if a vehicle is immobilized, it's the LAST place you want to be for a confrontation. You lose all mobility, and make a sitting target; meanwhile, your driver's door and window won't stop most rounds.
So, if the Mustang was actually blocked, then exiting the car may not have been "aggression" on the part of the 21yo, but a precaution. Same with his display of a weapon.
Also, the initial write-up indicated that the 21yo's "brake check" was caused by him slowing to allow another car to make a turn, not a "brake check" in the sense of flipping an automotive bird at the 40yo.
Those statements and assumptions could have been wrong, in which case I'd say they both screwed up, but I'd still assign more blame to the 40yo. But if those statements and assumptions were accurate, I'd accept a self-defense claim from the decedent, had he survived.
... I would put much more blame on the 40yo.
One poster indicated he google-satellite-mapped what he thinks to be the intersection where the 21yo exited his vehicle, and that if it was the right intersection, then it's very possible the 21yo's Mustang was physically blocked in by the truck.
If that were the case, I wonder if everybody would be saying, "stay in the car."
The reason I ask that is because I've always been taught that if a vehicle is immobilized, it's the LAST place you want to be for a confrontation. You lose all mobility, and make a sitting target; meanwhile, your driver's door and window won't stop most rounds.
So, if the Mustang was actually blocked, then exiting the car may not have been "aggression" on the part of the 21yo, but a precaution. Same with his display of a weapon.
Also, the initial write-up indicated that the 21yo's "brake check" was caused by him slowing to allow another car to make a turn, not a "brake check" in the sense of flipping an automotive bird at the 40yo.
Those statements and assumptions could have been wrong, in which case I'd say they both screwed up, but I'd still assign more blame to the 40yo. But if those statements and assumptions were accurate, I'd accept a self-defense claim from the decedent, had he survived.