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Try CasePortal for FreeJ. Marconi agrees with the defendant that, to determine whether a reasonable person would consider a threat as a likely cause of serious bodily injury or death to an extent that the person would use a firearm to warn off the person making the threat, does not hinge on whether or not the person being threatened is able to retreat. The jury should not have been instructed to use the defendant’s ability to leave the scene as a factor in determining the threat he faced in a road rage incident. Reversed.
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