Both the Millers are going to walk because Howard's common-law wife was thoughtful enough to record Howard saying this:
TWP said:
"Howard tells the Millers, “You’re dead. I promise you, you’re both dead . . . I’m gonna kill you.”
the video said:
@1:16 "I'll put a bullet thru your head...you're a dead man"
It's in Texas.
And that my friends, is complete justification. "The threat of severe bodily harm, injury or death".
Sure there was plenty of stupidity to go around in all parties.
Was it unnecessary? Absolutely.
Was it legal? Unfortunately.
Actions have consequences. If you walk out in front of a semi going down the interstate, you will die.
If you tell a guy holding a gun "I'm gonna kill you...I'll put a bullet thru your head", expect the same.
On a side note, just my opinion, he's facing two guys brandishing firearms...
Where the hell in his brain was the thought "maybe just walk back to the house and call the cops" when he was being billy-bad-ass?
Right up until he made those threats, the Millers would go down for hard time. He had them on video.
Stupid.