Overview
- U.S. District Judge Mark Pittman granted the Justice Department’s motion in Fort Worth, blocking any further evidence or argument that a defendant acted in self-defense or in defense of others in the shooting of Alvarado Police Lt. Thomas Gross.
- Prosecutors argued the theories were legally invalid and risked inviting jury nullification, while defense filings pointed to testimony they say showed Gross pointed a pistol at a fleeing person before shots were exchanged.
- The court’s decision echoed Fifth Circuit reasoning from prosecutions tied to the 1993 Waco siege, finding defendants who helped create the confrontation cannot claim the benefit of self-defense.
- The government has presented body-camera evidence it says captures Benjamin Song shouting “get to the rifles” and opening fire, as part of a case that charges nine defendants with attempted murder, terrorism-related counts, rioting, and explosives and conspiracy offenses from July 4, 2025.
- Proceedings continue in federal court with surveillance and body-worn camera exhibits under scrutiny after an earlier mistrial, with high public interest and a live video feed available at the Dallas federal courthouse.