Walter Dominguez Orozco v. State

"About six months ago three Mexican boys jumped on my brother, Mauricio, and beat him up about some girl that he was going with. This happened in West Dallas. My brother told me that he would know these men, if he saw them again, but he didnt know their names. Tonight about 10:30 P.M. my brother, Mauricio and I were in the White Kitchen Cafe, 2114 N. Field St., drinking some beer when my brother got up and went home and got his gun. When he drove up in front of the White Kitchen I went out to his car and he told me that one of the men who beat him up was sitting at the bar inside the White Kitchen. He pointed the man out to me and I grabbed his gun out of the front seat of my brothers car and went into the cafe. I pointed the pistol at this man and told him to come outside. This man ran over by the music box and I shot at him two times, my pistol jammed and this man knocked the gun out of my hand and it fell on the floor. One of the men that was with the man that I had shot picked up the gun and gave it back to me. I went outside and got my .22 cal. rifle out of the trunk on my car and was going back inside, but this man that I had shot ran off. He went toward McKinney ave. After this was over I gave my brother back his pistol and went home. The P. 38 pistol that my brother gave to the Officers is the gun that I shot the man with."