On November 17, 2008, Ivory Roche, a 27-year-old man from Houston, was shot and killed at the Toscana Palm Apartments. The altercation began when Donald Moore, the accused, confronted Roche and his friends after Roche allegedly made flirtatious remarks towards a woman Moore knew. Witnesses testified that after an initial verbal exchange, Moore returned to confront the group with a firearm.
During the confrontation, Moore shot Roche multiple times.
Witnesses Damon Edwards and Telena Pedford recounted that Roche was chased around a Ford Expedition before falling to the ground, at which point Moore stooped over and shot him again, ultimately fatally wounding him. According to Edwards, neither Roche nor his companions were armed, and they did not provoke Moore, which contradicts Moore's own claim that Roche had drawn a weapon first.
Moore argued in court that he acted in self-defense after Roche allegedly drew a firearm. However, witnesses, including Vincent Williams who was present at the apartments, confirmed that they did not see Roche with a weapon. Additionally, forensic evidence showed gunshot residue on Roche's hand, which Moore attempted to use to support his self-defense claim. Despite this, the court determined that Moore was not justified in using deadly force, as he had approached the group while unlawfully carrying a firearm, disqualifying him from claiming self-defense under Texas law. Ultimately, Moore was convicted of murder and sentenced to 80 years in prison.