Local Court Case - Want opinions.

[jporterweb]

Alright, I'll try to explain as much as I can remember. I don't have the article here. Now, a man and a woman, bf&gf are out at the movies. They've been having "problems". On the way home from the movie, they begin to argue. The arguement is so intense, that the woman wrecks the car. Now mind you the rest of this is what the police report says. She is so angry at this point, she pulls a gun out(that legally belongs to her) and shoots the guy 3 times. One in the arm, the chest, and one in the groin. Now, the man afraid for his life, wrestles the gun away from her, puts it to her head, and pulls the trigger. Now he is up for second degree murder. (people did witness this and they all agreed this is what happened)

My opinion is that he feared for his life, and could've passed out at anytime from his wounds, so he was just in killing her before she killed him. What do you guys think?

[BigDaddyBohnzie]

self-defense - "Use of force is justified when a person reasonably believes that it is necessary for the defense of oneself or another against the immediate use of unlawful force. However, a person must use no more force than appears reasonably necessary in the circumstances.

Force likely to cause death or great bodily harm is justified in self-defense only if a person reasonably believes that such force is necessary to prevent death or great bodily harm."

Obviously, she has wrecked the car and shot him 3 times, meaning she's attempted to kill him 4 different times during this confrontation. However, since he was able to wrestle away the gun from her, the threat of killing goes away. if he had tried to flee first, perhaps you can justify his killing her if she persued him and continued to physically harm him.

the prosecution will have a tough time disproving the self-defense motives, especially with witnesses who all agree of what happened. however, the defense should prove that there is a history of abuse between the 2, with the gf instigating it. if this is a 1st time thing, the prosecution can try to prove that how could he be fearful for his life if this has never happened before. He was shot 3 times, however still lived and had the power to take the gun away from her and shoot her himself...

[Minnesota Mike]

Before a Defendant can use a "self-defense" defense, they have answer the question - "why didn't you just flee?" I think being shot 3 times is probably a good enough answer to that question.

However, once he has managed to wrestle the gun away from her, and he has the gun in his control, unless she has another gun, his use of deadly force is probably not in line with the threat right then. So that is probably where the guy is going to have some problems.

[lakewinola]

what if he passes out from his wounds waiting for police to arrive and she takes the gun and finishes the job while he is out.

[jporterweb]

Originally posted by lakewinola
what if he passes out from his wounds waiting for police to arrive and she takes the gun and finishes the job while he is out.

Yep..that's been my point. He doesn't know if he could pass out. So he decides that in order to defend himself he must shoot her.

[Chief Seeway]

He may find trouble defending "putting the gun to her head", I assume he shot her point blank? That's got to be a tough defense.

[Minnesota Mike]

It might work, but I think I rather be the prosecuter in this case, than be his Defense attorney, at least given the info here. But I don't practice Criminal Law, so I might not have the best answer.