2007-12-22

Appellant shot Justin Hobbs after the latter purportedly struck appellant and entered appellant's house through the rear door. Hobbs had been in the home a short time earlier and had been asked to leave due to his conduct. After leaving, he allegedly went to the back door and began striking it. Appellant, who was wearing a firearm, went to the door and opened it after directing Hobbs to stop "disrespecting" the house. At that point, Hobbs allegedly struck him in the face and on his glasses with his fist, causing appellant to fall backwards. While on the floor, appellant drew his firearm and shot Hobbs in the head after the latter allegedly said something about appellant needing to use the weapon if he drew it and reached for a pipe or stick allegedly kept by the door. Needless to say, appellant used it. Kenneth Duane Balentine v. the State of Texas, 2011