RESULTS: Not-Guilty – Felon in Possession of a Firearm

In a landmark defense case, Texas Board of Legal Specialization dual board-certified Attorney Jacob Blizzard has successfully secured a not guilty verdict for Royce Duane Donaldson, charged with felon in possession of a firearm. The verdict was delivered by a federal jury in Lubbock, Texas, marking a significant victory in a case intertwined with a complex series of events leading to allegations of self-defense and necessity.

Case Overview

On June 18, 2018, Royce Duane Donaldson faced a dire situation when George Mark, a known violent individual, forcefully entered a residence with a butcher knife intending to attack him. To protect himself, Donaldson used a revolver-type handgun—originally left in his garage by Mark—to defend against the imminent threat. This incident led to murder charges in Shackelford County, Texas, and subsequent federal charges of firearm possession filed by the U.S. Attorney’s Office for the Northern District of Texas. Donaldson faced up to 10 years if convicted.

Legal Strategy and Defense

Attorney Jacob Blizzard’s defense centered around the necessity argument, strategically demonstrating that Donaldson acted out of urgent self-defense. Key elements of the defense included:

• Defense of Necessity: Blizzard highlighted the imminent danger Donaldson faced, proving he did not negligently place himself in the situation, lacked reasonable legal alternatives, and that any reasonable person would have believed possession of the firearm was essential to prevent harm.
• Self-Defense Narrative: Comprehensive evidence, including witness testimonies and prior documented threats, portrayed Mark as the aggressor and established Donaldson’s rational fear for his safety.
• Exhibits and Testimonies: Carefully selected exhibits showed Donaldson’s repeated attempts to seek protection from law enforcement and witness accounts confirming Mark’s violent history, which included burning Donaldson’s house down.

Outcome and Impact

The jury’s not guilty verdict underscores the effectiveness of Blizzard’s defense strategy, emphasizing the importance of context and necessity in legal defenses. Attorney Blizzard’s adept handling of the case not only prevented a wrongful conviction but also set the stage for potentially dismissing the related murder charges.

Attorney Jacob Blizzard’s Expertise

With dual board certification in criminal law and criminal appeals, Jacob Blizzard’s track record includes successfully defending high-profile cases such as the Taylor County Capital Murder trial of Damian Cate. His unwavering dedication to justice and meticulous approach to defense law continues to earn respect and recognition in Texas and beyond.

Moving Forward

Reflecting on the felon in possession of a firearm case, Attorney Blizzard expressed optimism about future proceedings, stating, “I am very happy with the results of the trial as Mr. Donaldson was the victim here. I am hopeful to have a conversation very soon with the prosecutor about dismissing the murder case since we now know that George Mark was the aggressor and Mr. Donaldson acted only out of self-defense.”

According to the jury instructions from the District Court, Donaldson relied upon the defense of necessity.

For the defense of necessity, Donaldson had the burden of proving that he was in imminent danger, he did not negligently place himself in the situation, he had no reasonable legal alternative, and that a reasonable person would have believed possession of the firearm prevented the harm.

“For a murder charge, the State must disprove self-defense, and the jury actually found that we proved self-defense at trial, making a conviction of Mr. Donaldson impossible.” Mr. Blizzard stated.

For those seeking expert legal representation in challenging criminal cases, Attorney Jacob Blizzard demonstrates unparalleled commitment and strategic acumen to achieve justice for his clients.

The murder charge against Donaldson remains pending in Shackelford County with a trial date of September 23, 2019.

– April 3, 2018

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