The deceased, Richard Herrera, sold his van to Alfred Mitchell, Gary Mitchell's father. After Alfred took possession of the van, Herrera and Alfred had a dispute about whether or not the mag wheels and tires were included in the sale. On several occasions, Herrera and his brother requested the return of the wheels and tires. They also tried to remove the wheels and tires from the van. Alfred called the police who told the parties to resolve the dispute by going to court. A few days later, Alfred's son, Gary, the defendant, was parked in the van at a restaurant when Herrera opened the door and hit Gary Mitchell on the jaw and eye and made threats to Mitchell to the effect that I will 'put you under.'

A few hours later when Mitchell saw Herrera's car, Mitchell offered to fight Herrera, but Herrera refused. Mitchell went to his father's house and picked up a rifle. Mitchell and his friends then went to his sister's (Debbie) house to play poker. About 3:30 A.M., Herrera and some friends drove up to the house to remove the wheels from the van. When they entered her property, Debbie told them to leave. They did not comply. A considerable commotion ensued, including her screaming at them to get off her property. Mitchell came to the doorway of the house with a rifle. He fired a shot that hit and killed Herrera. Does Gary Mitchell have a valid defense? Is the success of Mitchell's defense affected by the state in which the crime occurred? Discuss fully.