Attempted murder can get you 25 to life. I was also charged with aggravated battery and assault with a deadly weapon. I pled out on the first two charges and they dropped the third (assault with a deadly weapon....that being my boots). The fact that he started it didn't wash because when a man goes down, you have to stop the beating. Essentially, defending yourself only goes to a point whereas the threat has subsided.
As I said in the OP, shouting "Die m'fer" repeatedly was my coffin nail. Poor choice of words, I suppose. I have an open carry permit (or at least I did). I had a loaded pistol in my jeep but didn't think to even get it. Frankly, I was foaming at the mouth to get a few licks on this punk. "Calli the police" were my first words when he was seen speeding up to the house. My Ex was screaming "Stop you're going to kill him" while on the phone with 911. Her written statements to the police painted me as a murderous villain that had planned the act all along. She even moved back in with the guy for about 6 months while I was in the clink.
It all happened so fast and when given time to reflect, I couldn't believe how foolish I was to continue the beating to such an extent. We've all heard people say "I was out of my mind"....well...I was out of my mind.
CPS....lol don't get me started on that. I tried to go that route with her last boyfriend, a chap that was a far worse human being than his replacement. CPS doesn't respond to calls made by 'baby daddy'.
I was always the hard working family man. I stayed away from hard drugs and alcohol. Never arrested, kept my nose clean. Yet more than these white trash drug addled scumbags (My Ex and her associates/friends/boyfriends), I was made to pay more than any of them.
I don't blame anyone but myself. I'm far smarter than that. One would need to consider ten years of extenuating circumstance and repeated torment by my Ex, her "friends" and the family court system to understand how such an explosion could occur.