tannerwaterbury
Regular Member
Well, saw this in my local paper... I don't know if the Clark County Chief Prosecutor is right or not in this instance, but I had assume that the Stand Your ground law specifically stated that we have the right to defend our lives, our family's lives, and our personal property, not to mention coming to the aid of another in a time a perp is committing a felony.
"When is a shooting justified by Washington law?
That question was raised after the fatal shooting of an apparent car prowler in La Center early Tuesday morning. So far, no arrests have been made and the investigation is continuing.
Generally in those cases, officers forward reports to the Clark County Prosecutor's Office, which makes the decision whether to file charges or rule it a justified shooting.
Chief Deputy Prosecutor John Fairgrieve has not seen reports on the La Center case, but spoke in general terms about self-defense cases. He said the law favors the homeowner in that use of force can be used if there's "reasonable belief" his life or the lives of others are imminent danger. In Washington, homeowners don't have a duty to flee first before shooting in those cases.
The key phrase is "reasonable belief," Fairgrieve said.
"If someone shoves you, you can't respond by shooting them," he said.
And it doesn't mean you "get a free pass if someone breaks into your home," Fairgrieve said. The act of burglarizing or prowling a car doesn't justify the shooting — the belief of risk does, he said.
The surrounding circumstances of these type of crimes usually determine whether a shooting is justified or not, like if the perpetrator is armed or coming toward you or issuing threats, he said.
"It's really a fact-specific situation," Fairgrieve said. "It depends on the exact facts of the case."
If a burglar is outside your house or is running away, "in that situation, deadly force would generally not be appropriate," he said."
Read more: http://tdn.com/news/state-and-regio...13-0019bb2963f4.html?mode=story#ixzz1kQRWVtkk
"When is a shooting justified by Washington law?
That question was raised after the fatal shooting of an apparent car prowler in La Center early Tuesday morning. So far, no arrests have been made and the investigation is continuing.
Generally in those cases, officers forward reports to the Clark County Prosecutor's Office, which makes the decision whether to file charges or rule it a justified shooting.
Chief Deputy Prosecutor John Fairgrieve has not seen reports on the La Center case, but spoke in general terms about self-defense cases. He said the law favors the homeowner in that use of force can be used if there's "reasonable belief" his life or the lives of others are imminent danger. In Washington, homeowners don't have a duty to flee first before shooting in those cases.
The key phrase is "reasonable belief," Fairgrieve said.
"If someone shoves you, you can't respond by shooting them," he said.
And it doesn't mean you "get a free pass if someone breaks into your home," Fairgrieve said. The act of burglarizing or prowling a car doesn't justify the shooting — the belief of risk does, he said.
The surrounding circumstances of these type of crimes usually determine whether a shooting is justified or not, like if the perpetrator is armed or coming toward you or issuing threats, he said.
"It's really a fact-specific situation," Fairgrieve said. "It depends on the exact facts of the case."
If a burglar is outside your house or is running away, "in that situation, deadly force would generally not be appropriate," he said."
Read more: http://tdn.com/news/state-and-regio...13-0019bb2963f4.html?mode=story#ixzz1kQRWVtkk