'Stand your ground': How self-defense laws were used in murder trials in Travis County

Corrections: Jessica Brand is the founder of the legal advocacy organization the Wren Collective. A previous version of this story used an incorrect name for Brand. A defense attorney for Yong Yoon Kim said one of the murder victims, Christopher Rivers, had a knife during an encounter with Kim. A previous version of this story misstated whether Rivers was armed.

Two murder trials in Travis County last month tested the scope of statewide self-defense laws.

Trials of Kiondre Marshall and Yong Yoon Kim proceeded the week of Sept. 18. Marshall was acquitted, and the Travis County district attorney’s office confirmed that it was the second acquittal in 20 murder trials during José Garza’s tenure. Kim’s case ended in a hung jury — meaning that jurors could not reach a unanimous verdict — and a new trial was scheduled for next year.

Both cases involved the deadly use of a firearm and the invocation of Texas self-defense laws — commonly referred to as “stand your ground” laws. Both defendants were in legal possession of their firearms.

Broadly, self-defense laws say force is justified when people “reasonably” believe it’s necessary to protect themselves or others. In Texas, a person is also allowed to use force to protect property — even the property of others.

“You can ‘stand your ground’ anywhere,” said Jennifer Laurin, a professor at the University of Texas School of Law.

In Texas, there is no “duty to retreat,” meaning that a person doesn’t need to seek alternative ways to avoid harm before using deadly force.

During trial, it is typically presumed that the use of force was reasonable. It is up to prosecutors to disprove that assumption.

But reasonableness is not a clear-cut standard, and many self-defense cases hinge on it.

Steven Brand, former president of the Austin Criminal Defense Lawyers Association, said that many factors — both internal and environmental — can influence whether a jury finds a defendant’s belief to be reasonable.

Trials of Kiondre Marshall, Yong Yoon Kim

Marshall, who was 21 at the time of the shooting, was charged with first-degree murder in connection with the death of Anthony Blaylock Jr. Blaylock, 30, was shot and killed at the Franklin Park apartment complex in Southeast Austin in July 2022.

Blaylock’s wife, Raechelle Goodman, was also struck. Marshall was charged with aggravated assault in connection with Goodman’s injury.

According to the arrest affidavit, witnesses told police that the dispute began during a Facebook Live video that Goodman posted, in which Blaylock displayed a gun. The altercation between Marshall and Blaylock came to a head outside of Marshall’s residence, court documents said.

Police claimed that Marshall fled after the shooting. A gun was later found in the vehicle Blaylock had been driving.

Leslie Andrews Booker, Marshall’s attorney, said that Marshall had simply been "protecting himself in front of his home."

She also said that Blaylock had been previously identified by law enforcement as having gang affiliations.

On Sept. 21, Marshall was acquitted of both murder and aggravated assault.

Yong Yoon Kim, also known as Paul Allen, was charged with two counts of first-degree murder in connection with the deaths of Christopher Rivers and Nathan Limogee, both 28. The January 2022 shooting took place in the parking lot of a Crestview apartment complex. Kim was 31 at the time of the shooting. According to the Austin Police Department, Kim called 911 and claimed that he had shot two men in self-defense.

Police said that some witnesses disputed Kim’s account of the shooting.

During Kim’s trial, defense lawyers said that Kim and other residents had taken to patrolling their neighborhood after some incidents of theft.

Krista Chacona, Kim's lawyer, told the Statesman that Rivers had a knife during the encounter with Kim, though there was dispute over when and how Rivers displayed it.

Defense attorneys called attention to the presence of a crowbar near where Rivers and Limogee were found. Prosecutors argued that the victims had just been using the crowbar while repairing a car, but defense attorneys said it could have been used as a weapon.

During his testimony, Kim described a previous experience with racially motivated violence.

Defense lawyers were unable to call Boston University professor Hyeouk Chris Hahm as an expert witness. Hahm’s recent research concerned the impact of both personal and vicarious experiences of racial trauma.

After several hours of deliberation Sept. 22, jurors could not reach a unanimous verdict, and Judge Dayna Blazey ruled it a mistrial.

A new trial has been set to begin March 25.

Is 'stand your ground' defense connected to prevalence of firearms?

Conversations about Texas self-defense laws entered the national spotlight this year, during the trial of Daniel Perry. He was convicted of murder in connection with the July 2020 shooting death of Garrett Foster, who was marching in a protest against police brutality. Foster was legally carrying an AK-47 when he was killed.

Austin defense lawyer Amber Vazquez observed that the “stand your ground” defense has become more commonplace.

Some legal experts who spoke to the American-Statesman tied it to the prevalence of firearms.

“In a state where everyone has a gun, self-defense is up for grabs in a lot of cases,” said Jessica Brand, founder of the legal advocacy organization the Wren Collective. When firearms are present, a conflict can escalate quickly.

She said that self-defense cases can be “byproducts of the constant presence of weapons in communities.”

A recent survey by The Texas Tribune and ProPublica found that as statewide gun restrictions have loosened, gun death rates have reached a three-decade high.

Garza, the Travis County district attorney, declined to comment for this story. He has previously said that addressing gun violence is one of his office’s priorities. In November 2021, his office announced a gun violence prevention plan that called for a stronger gun buyback program.

This article originally appeared on Austin American-Statesman: How self-defense laws were used in two murder trials in Travis County