A detailed discussion of the facts is unnecessary
A detailed discussion of the facts is unnecessary to our resolution of the appeal. Briefly, Darelle Robertson was found dead in an alley behind the home of his aunt, T.S., a close friend of Embry’s. Robertson had been shot once in his upper left back. It was undisputed that Embry, who was visiting T.S., shot Robertson after numerous confrontations between the two that preceded the shooting. Robertson’s girlfriend, J.W., happened to be in the vicinity of the shooting.
Robertson, who did not like Embry, aggressively initiated the confrontations. He stood at six foot four, weighed 275 pounds, and was approximately 35 years old. He had a blood alcohol content of .263 at the time of his death. Embry was 60 years old, weighed 180 pounds, and was recovering from rotator cuff surgery and therefore only had the full use of one arm when he shot Robertson. Embry attempted to turn himself in prior to his arrest.
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