I refute him ... thus!

Sometimes a baseball bat is worth a thousand words:

Holmes was a regular customer of T&S Tunnel Express, a car wash in Vicksburg, Mississippi. Benjamin Brooks was employed there. On October 19, 2005, Holmes stopped by the car wash. After washing and vacuuming his vehicle, he walked up to Brooks and called him a “weak bitch.” Brooks responded by beating Holmes with a baseball bat. Holmes died from his injuries four days later.

Holmes v. Campbell Props., Inc. (Miss. Ct. App. May 18, 2010). Holmes's widow was unsuccessful in her premises-liability suit against the car wash; other than a brief mention of Brooks's criminal trial, nothing on what befell Brooks in the criminal justice system. "Asked and answered" is I believe an evidentiary objection, not an affirmative defense.

... It seems Brooks got 20 years. Also, it was an aluminum bat, which it seems really is the dangerous kind -- Brooks had only one arm!