Page 74 - March April 2020 TPA

an instruction on any defensive issue that is raised Royal met them at the door, squeezed Appellant’s
by the evidence. A defensive issue is raised by the hand “pretty intently,” and told Appellant not to
evidence if there is sufficient evidence to support a speak to Varley. Royal was much larger than
rational jury finding as to each element of the Appellant, and Appellant found him to be
defense. We view the evidence in the light most intimidating.
favorable to the defendant’s requested defensive Appellant assured Royal they were just there to eat
instruction. A trial court errs to refuse a self- and were not planning to talk to Varley. Since
defense instruction if there is some evidence, Varley and her friends were in the bar, Appellant
viewed in the light most favorable to the defendant, and Bryan sat in the main dining area.
that will support its elements. Nevertheless, Prichard approached their table
When the evidence viewed from the defendant’s “with a pretty aggressive nature” and exchanged
standpoint shows an attack or threatened attack by words with them. Bryan noticed that Prichard
more than one assailant, the defendant is entitled exhibited signs of intoxication. Varley approached
to a multiple assailants instruction. The issue may them, too, and called Appellant an “asshole.” After
be raised even as to those who are not themselves these interactions, Appellant and Bryan thought “it
aggressors as long as they seem to be in any way would be a bad idea to stick around too long” and
encouraging, aiding, or advising the aggressor. decided to pay their tab and leave quickly rather
In Sanders v. State, Sanders was hit in the head than eat at Silver Star.
with a pool cue and chased into the parking lot by When Appellant and Bryan exited the restaurant,
several men who were yelling racial epithets at they found Varley, Royal, Prichard, Stevenson, and
him. He fired three shots in their direction, killing Crumpton congregated near the door. According to
one of them. Sanders was entitled to a multiple Varley, Royal was intoxicated and upset at
assailants instruction even though the deceased had Appellant. She knew that Royal was going to try to
not personally attacked him. Thus, “multiple attack Appellant and, concerned for Appellant’s
assailants” does not require evidence that each safety, Varley approached him and told him he
person defended against was an aggressor in his needed to leave. Crumpton testified that the group
own right; it requires evidence that the defendant was “mouthing” at Appellant and Bryan; Prichard
had a reasonable fear of serious bodily injury from testified that there was an “altercation, a bunch of
a group of people acting together. talking mess, and then it escalated.” According to
Prichard, the group moved into the parking lot
Background because “it was heated at the moment.”
Appellant had packed up his belongings to move As Appellant and Bryan tried to walk to their car,
from Texarkana to Broken Bow, Oklahoma. On the Royal punched Bryan, knocking him out.
way out of town, he and his friend, Cody Bryan, Appellant saw Royal, Crumpton, and Prichard
stopped at the Silver Star restaurant where standing over Bryan and saw Royal motion for
Appellant’s ex-girlfriend, Summer Varley, worked Stevenson to go around the cars to chase Appellant
as a waitress. He texted her to see if she was down. Appellant continued to retreat with Royal
working that evening, and she answered that she and Stevenson in pursuit of him. Crumpton and
was not. She said she was in the bar drinking with Varley also followed Royal into the parking lot.
some friends and suggested that Appellant buy her Varley testified that “everyone was going after
a drink. Varley’s drinking companions were Jordan [Appellant]” and agreed that there were multiple
Royal, Austin Crumpton, Damon Prichard, and assailants on Appellant and Bryan.
Joshua Stevenson. Appellant said a hand reached around his face,
When Appellant and Bryan arrived at Silver Star, “fish-hooked” his eye, and turned

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