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State argues Jenkins provoked confrontation; defense says jail call raised self-defense
Summary
Defense counsel argued a recorded jailhouse phone call was sufficient to raise self-defense before the defendant testified; the State countered that Jenkins admitted initiating a plan to take a gun and therefore provoked the danger. The appellate panel took the case under advisement.
Ben Russ, attorney for Mr. Jenkins, told the court the defendant's recorded jail phone call to his girlfriend raised the possibility of self-defense. Russ quoted the recording as saying, "if the caliber of the bullet that's recovered is a 40 caliber bullet, then that must have been the gun I fired, but I don't think it was me," and argued the statement contained admissions and facts that should have led the trial judge to give a self-defense…
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