LUFKIN, TX (KTRE) - The 12th Court of Appeals has upheld a sentence for a Grapeland man who pointed a gun at two law enforcement officers who tried to stop him from burning during a burn ban in 2010.
In the opinion, the court disagreed with Ross Cleveland Richardson, 76, that the jury could not determine he did not use self-defense.
"Considering all the evidence in the light most favorable to the verdict, the jury was rationally justified in finding beyond a reasonable doubt that Appellant did not reasonably believe drawing his gun was immediately necessary to protect him from the deputies," the opinion stated.
According to the initial report, Richardson was burning during a burn ban on Dec. 31, 2010. A fire marshal came out to the scene and Richardson pulled out a semi-automatic handgun and pointed it at the marshal. The marshal left and called for a deputy. When the deputy arrived, Richardson pointed the gun at him.