Quote:
Originally Posted by RebelR
Not sure if "following" can be considered instgating it. No more than the guy who gave you a funny look across the bar, or made some off color remark, would be seen as the Iinstigator. Usually, its who touched who first, that the blame gets pinned on. Not sure if there are any witnesses that can vouch for either party in this case. So it will likely come down to a best guess scenario.
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I agree with you, what happened before should not matter, but if this goes to a jury they will consider it even if told not to.