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Reply #46: hard cases, bad law ... [View All]

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iverglas Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-25-09 03:19 PM
Response to Reply #45
46. hard cases, bad law ...

We'll just have to wait and see whether a case that demonstrates the problems comes up.

Check this one out.

http://www.ktvq.com/Global/story.asp?S=10595068

Associated Press - June 25, 2009 12:55 PM ET

WRIGHT, Wyo. (AP) - Prosecutors have withdrawn a weapons-related charge against a Wright man, citing Wyoming's "castle doctrine" law on self-defense.

An attorney says it may be the first time the year-old statute has been used in Wyoming.

Zebulon Alfred Goodrich was charged with misdemeanor reckless endangerment for allegedly pointing a gun at his sister in March. Prosecutors said Tuesday they couldn't meet the burden of proof because of allegations that Goodrich's sister was trying to force her way into the home.

Defense attorney Nick Carter says it's the first time he knows of that the castle doctrine has come into play since it went into effect last summer.

The result would have been the same, under these laws, if he had shot her.

I'll lift the Kentucky law from Indy Lurker's post and assume the Wyoming law is the same (my emphases):
(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

(a) The person against whom the defensive force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and

(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

... (4) A person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.


The person in question could be his unarmed 97-pound sister, and he could shoot and kill her with impunity.

I guess we'll just have to wait until it happens. When it does, it will doubtless followed by solemn pronouncements by the NRA-ILA and its bedfellows about the right of people to kill unarmed family members.
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