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July 31, 2022 42 mins

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On January 13th, 2014, 71-year old Curtis Reeves went to see a matinee showing of Lone Survivor with his wife of 47 years, Vivian. Curtis and Vivian arrived at the Grove theater, located in Wesley Chapel, Florida, and snagged prime seats in the back row of the theater.

The lights dimmed, and the previews started. Curtis couldn't enjoy them, though, because of the bright light shining in his face. The light was coming from the cell phone of Chad Oulson, a 43-year old man sitting in the row in front of Curtis.

Curtis asked the man to turn his cell phone off.

The man didn't. 

15 minutes later, Chad Oulson would be dead.

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In today's episode, we discuss whether Chad Oulson threw his phone at Curtis.

This is a key issue in this case.

To justify the use of deadly force against Chad Oulson, Curtis needs to prove that he reasonably believed he was about to be killed or seriously harmed by Chad Oulson. Chad never hit Curtis, but he did throw popcorn at him (see episode 3 for a discussion about this). 

Curtis, who was 71 at the time of the shooting, claims he felt threatened by Chad Oulson who was 6'3" and 43 years old. Chad was yelling and standing over Curtis when he was shot. 

Chad's demeanor is a key issue in determining whether Curtis acted reasonably. Witnesses disagree about whether Chad was acting aggressively towards Curtis. Most witnesses agree Chad was shouting loudly and seemed angry. Multiple witnesses report hearing Chad swear at Curtis.

No witnesses, however, saw Chad throw his phone at Curtis. If Chad did throw his phone at Curtis, Curtis' self defense claim is much stronger. At trial, a doctor testified that a phone as heavy as Chad's (it weighed as much as a cue ball), could kill someone or cause serious brain damage.

When Chad was shot, he may have been leaning over the back of his chair and encroaching on Curtis' space. Curtis told police that he thought Chad was going to punch him. For a 71-year-old, one punch could be fatal.

One of the key questions in this trial is whether Curtis' belief that Chad was about to punch him was reasonable. If Chad threw his phone at Curtis' head seconds before he was shot, Curtis' fear is much more reasonable. If Chad didn't throw his phone, Curtis' fear is less reasonable.

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