we braced for issues on appeal but the court's permission i would like to focus on the first issue whether dante smith's membership in the maniac red disciples and his prior conviction for approaching another car and attacking its occupants with a baseball bat were was mr scott has never contested that he shot smith in the scum bag to the point on appeal here is whether or not his acts were reasonable and whether his perception of danger and state of mind were at the time of the incident under the the illinois supreme court held that when a defendant raises the issue of self defense he may introduce evidence of the victim's violent or aggressive nature in two instances to show the defendant's state of mind at the time of the charge conduct and to show that the victim was t aggressor when there is a disputed testimony about who was the initial aggressor before the trial defense counsel solves it introduced two key pieces of lynch evidence dante smith's membership in the maniac latin disciples gang and the first pro and his prior conviction for reckless conduct committed in full view of the court to chicago police officers under the second from evidence of dungy snus violent and aggressive nature were miscible under lynch in this case and necessary for the jurors to scott's knowledge of the snippet as a gang member he knows what gang members do and is afraid of them the early birds widely acknowledged that gang members are regarded the considerable disfavor and fear by other segments of society as a non gang member logically and rationally also to the category of persons who would necessarily be afraid of people they know to be gay members such as smit and this is particularly so when such a gang member was approaching his car and th show the defendant's perception of danger and state of mind and the reasonable ness of his use of force even the defendant was not able to show that that the case that consisted in the violent acts of the spanish poker games so the state argument that this is not relevant because it's not a game related case that was straight as a misunderstanding of the first prong of lives secondly and in addition to state of mind the illinois supreme court in smith and shooting smith upon his approach was reasonable based on what the state characterized as smith nearly knocking toward his car and this is particularly so we did jury acquitted mr scott of an attempt first degree murder which means that they it seems that he may have attacked out but certainly the car asserted that there was and there was conversation in court the attack that the occupants and the and the cab that the people were occupying said it's not for me it's not certain that he did not also it in her motion in limine and those were not there was no exception taken to the facts presented at a hearing on that motion the second prong of lynch involves cases where there is a conflict about who was the initial aggressor just shows victim was the aggressor a the defendant's reasonable use of force the state's argument is that the baseball bat attack was not admissible because there was no conflict in what they call the evidence of the event that the same the evidence down to only two components that smith  sand under his jacket as if you were holding your guide this conflict in testimony that there was a complaint about who was the initial aggressor was apparent at the hearing on the motion certainly when the when the two parties testified at trial and it was actually acknowledged by the trial court during the jury instructions conference when the trial pro finally changed their mind and decided to go ahead and give an initial recognize that there was a conflict and then gave that initial instruction and then an initial aggressor instruction on the state's re would have supported scott's version of events and it wouldn't help the jury determine whether smith's acts necessitated the amount of force that scott used and relevance and reliable evidence at smith's prior baseball bat attack the trial or to that the jury would know that smith is prone to this kind of behavior and evidence that his aggressive and violent nature are necessary and relevance to the jury to determine who was initially aggressor it cannot be harmless because without this evidence the jury had only snice version of events that he approached them in a peaceable in a reasonable way and scott flew out the angle and shot him in cold blood and also to dispel the state's version of events at the in the trial when the state painted as a predator who followed him around the neighborhood looking for him and lying in wait until he finally got out of this car so that bad was necessary it's not harm say that he undertook an evasive maneuver he said he panicked when he saw smith he drove around the block then when he came back on the ground couldn't see smith and so he proceeded down the way and they ended up side by side in the intersection so that is a point that he  did try to avoid snipped because of this confrontation now that's a that's two thousand a confrontation you're also correct that the sped the sister denied that it happened to the sister deny it happened but smith deny that you have ever had any kind of al didn't take place so certainly the jury could view that got rid of one end the statement is self serving now as to list the status ten blaring the first prong and the second prong the first prong is only about perception of danger and state of mind reasonable and even peaceable fashion and under the state's version of events that smith simply strolled over to scott's car that would be unreasonable but because scott knew that snippets again member it goes to his state of mind now the second aspect jury could construe that stopped was the aggressor and in this case in fact the jury was instructed that stop whereas the initial aggressor so i mean that the idea that the jury was left with this decision with all this evidence again isn't simply not true i mean everybody denied that it a regional incident happened and then this the jury before they went to deliberations was instructed that scott was initially and there was no way for scott's to come back with that because they had been