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This is a damned if you do and damned if you don't situation. The only way to win is to not be there.So far I havent read anything, anywhere, that suggests AK guy attacked Perry.
While I agree that open carrying a firearm isn't grounds for being shot, if you are participating or otherwise embedded in a group of people who are surrounding a car and that is causing the driver to be fearful of the crowd. The driver seeing someone outside the car with the firearm is likely going to be alarmed and concerned for their imminent safety.
The text message evidence used against the defendant was what decided this case more than anything, in my opinion, not the events on during the shooting.