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That's my take and also what I would have done were I on the jury. Flinging bottles through an upper story window doesn't meet what I understand to be the standard required in Mass for use of deadly force. Perhaps there are reasons why he have felt it unwise to retreat from the window: the Marine may have felt he had to keep the mob under observation for fear of being burnt out. Given such a rationale I would give him the benefit of the doubt. In a criminal case the standard is beyond a reasonable doubt.