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He should not have been there that night.
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What he did was foolish and dangerous
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He went there with the intent to cause trouble and commit crimes.
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He deserved much worse than he got.
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The fact that he was carrying a gun that he wasn't legally allowed to have should be enough to convict him.
And that's all I have to say about GaigeGrosskreutz.
He wasn't a felon. He was the only one Kyle shot at that night who wasn't. He had a sketchy record short of that and he's a habitual drunk with a DUI problem, but he's not yet a felon.
If a new DA gets in because of this case and cleans up the shop, they might yet charge him with armed assault of some sort for pointing that Glock at Kyle. Statute of limitations on that is probably quite a few years.