Billy Strings' Brother on Trial for Murder: How Texas Law Treats a Self-Defense Claim

A murder trial unfolding in a Denver courtroom — where the defendant is the half-brother of Grammy-winning bluegrass star Billy Strings — turns on a question Texas juries confront constantly: when does a person who admits to firing the fatal shot get to claim self-defense? Here is how the same case would be analyzed under Texas criminal law in Frisco and across the Dallas–Fort Worth area.

What Is Happening in the Case

Patrick Lee Apostol, 48, is standing trial in Denver District Court for the 2020 shooting death of 34-year-old guitarist Zackary Smith. As reported by Denver Westword, Apostol's defense team did not deny that he shot and killed Smith. Instead, his attorney told the court the death was unintentional and that Apostol fired out of fear. Prosecutors counter that the killing was a calculated act of revenge tied to a relationship dispute.

The defendant is the half-brother of bluegrass artist Billy Strings (legal name William Lee Apostol), who has said the two rarely interacted and who has condemned the killing. The trial is expected to last about two weeks. Nothing in this commentary should be read as an opinion on Apostol's guilt or innocence — that is for the Colorado jury to decide.

How Texas Defines Murder

If this case were charged in Texas, it would most likely proceed under Texas Penal Code Section 19.02, which defines murder to include intentionally or knowingly causing the death of another person, or intending to cause serious bodily injury and committing an act clearly dangerous to human life that causes death. Murder is a first-degree felony in Texas, punishable by 5 to 99 years or life in prison.

Texas law also recognizes lesser homicide offenses. A killing committed under the immediate influence of sudden passion arising from an adequate cause can reduce the punishment range to that of a second-degree felony. And a death caused recklessly — rather than intentionally — may be charged as manslaughter under Section 19.04. The line between these offenses often decides whether a defendant faces a few years or the rest of their life.

The Self-Defense Question Under Texas Law

The heart of the Denver case — "I fired because I was afraid" — is precisely the issue Texas Penal Code Sections 9.31 and 9.32 govern. Section 9.31 allows a person to use force when they reasonably believe it is immediately necessary to protect against another's use or attempted use of unlawful force. Section 9.32 extends that to deadly force when a person reasonably believes it is immediately necessary to protect against another's use or attempted use of deadly force, or to prevent certain violent felonies.

Two words carry enormous weight: "reasonably believes." Texas does not ask only whether the defendant was personally afraid. It asks whether a reasonable person in the same situation would have held the same belief. A jury weighs the totality of the circumstances — who was the aggressor, whether retreat was possible or required, and whether the level of force matched the threat.

Why "Stand Your Ground" Matters Here

Texas is a "stand your ground" state. Under Section 9.32, a person who has a right to be where they are, who did not provoke the other person, and who is not engaged in criminal activity, has no duty to retreat before using force. That can be a powerful tool for the defense. But it is not unlimited: provoking the difficulty, being the first aggressor, or using force that is grossly disproportionate to the threat can each defeat a self-defense claim.

Prosecutors in a Texas courtroom would scrutinize the same evidence highlighted in the Denver trial — the type of ammunition, the location of the wound, and any planning — to argue that the shooting was deliberate rather than defensive. The defense would emphasize the defendant's state of mind and the immediacy of the perceived threat.

How These Cases Are Handled in Frisco and DFW

In Collin, Dallas, Denton, and surrounding counties, homicide cases move through the felony district courts and are prosecuted vigorously. When self-defense is raised, the defense bears the initial burden of producing some evidence supporting it; once raised, the State must disprove self-defense beyond a reasonable doubt. Early work matters: preserving witness accounts, securing video and forensic evidence, and reconstructing the sequence of events can shape whether a case resolves as murder, a lesser offense, or an acquittal.

At L&L Law Group, PLLC, we represent people accused of violent offenses throughout Frisco, Collin County, and the greater DFW area. We examine whether self-defense, defense of others, or sudden passion applies, and we hold the State to its burden on every element. If you or a loved one is facing a homicide or assault charge, we offer a free, confidential consultation to talk through your options.