100Stroke

Breaking news on Dalton's Case! Dalton "Chud the Builder" Eatherly case update Affidavit of Complaint just made public. Andrew Branca (self-defense law attorney) breakdown: • No racial slur alleged. Zero. The state's affidavit contains not one word of Eatherly provoking Fox with a slur. That was the biggest threat to his self-defense claim. Gone. • Affidavit describes zero criminal conduct. Not one sentence states what Eatherly did that was unlawful. • "Verbal altercation" is not a crime. At most a misdemeanor that would apply equally to both men. Neither is charged with it. • "Bladed stance" is not a crime. Taking a defensive posture against an angry antagonist is legal. • "Reached for his firearm" is not a crime. Preparing to defend yourself is legal. • "A physical altercation ensued" is written in passive voice. The state does not allege Eatherly started it. By omission, the inference points to Fox as the initiator. • "Discharged his firearm, striking Fox multiple times" is not inherently unlawful. Thousands of lawful self-defense shootings fit this exact description annually. • Ricocheting rounds near bystanders is not a crime absent recklessness. The affidavit alleges no recklessness. Police miss roughly 70% of shots in lawful shootings. • Lawful self-defense shots are, as a matter of law, not reckless. • Affidavit does not contest any element of self-defense. Not Innocence, Imminence, Proportionality, Avoidance, or Reasonableness. Not a single one. • Charges: attempted murder, aggravated assault, reckless endangerment, employing a firearm during a dangerous felony. • Branca's verdict: "Hard to recall the last time I saw an Affidavit of Complaint so utterly lacking in legal substance." Sees no realistic path to conviction beyond a reasonable doubt on these facts.