They were probably both being aggressive verbally, looks like Colorado definitely assaulted first with the pepper spray. However, once he had him running away from him Benn should have let him go. On the other hand, hard to second guess a guy that was assaulted with a chemical agent. He might have had blurred vision, was in pain, afraid the guy would come around and get a drop on him. Unless there was some evidence otherwise I’d have a hard time voting to convict the guy.
I kind of agree. You can’t pepper spray someone over a verbal altercation and being walked in front of doesn’t pass my threshold for a threat. Once attacked Benn was legally allowed to do what was necessary to stop the threat and were I on a jury I would consider the argument you present.
In a way this was a modern day duel in my opinion. Either man could have de-escalated this but both men wanted it, both men got it, and one ended up dead.
Some of us are allergic to pepper spray. If someone sprays me, I will shoot them in self defense as that spray is a threat to my life.