Quote:
Originally Posted by MarchHare
People keep saying this like it's a fait accompli, but I'm not so sure. If the DA decides to charge him, it appears as though the state has a very strong case. There's no question that he killed the molester. The defense would have to show that the use of lethal force was necessary to end the immediate action of sexual abuse, and that seems like a tough sell to me.
The fact that there existed strong mitigating factors shouldn't influence the guilty/not-guilty decision that the jury delivers, but it absolutely would influence the sentence the judge chooses to impose.
I'd be very surprised if this goes to trial, though. The most likely outcome will be a guilty plea in exchange for the most lenient sentence the state can offer.
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tussery previously posted "
or (B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery."
So "prevent" and "imminent" give it a different light.
His post here:
http://forum.calgarypuck.com/showpos...4&postcount=54