Is this self defense or murder?

This situation really happened in Minneapolis and it’s troubled many people.  Let’s look at their concerns:

1.  The shooter is another example of “vigilantes.”  Untrained but armed citizens who “take the law into their own hands.”

2.  This is a Good Samaritan who tried to rescue a victim and stop the attacker.  He provided a public service, and when the attacker turned on him the rescuer acted in self-defense.

As a criminal lawyer myself, clearly the rescuer is within his rights to help the victim.  Also to try and recover the stolen purse.  To even chase the attacker.  He was also licensed to carry a gun.  But once the attacker turned and ran away, the rescuer doesn’t have a duty to chase him.  What about self-defense?

But he did choose to run after the attacker.

Under the law, this is considered a separate incident from the original crime.  At this point, if the rescuer uses force against the attacker, the rescuer may be committing the crime of assault.  Because the original crime was not directed at the rescuer.  Strange as it may sound, if the attacker feels threatened by the rescuer, he has a right to defend himself against the rescuer!

In Minnesota, the right of self-defense is defined as:

Taking of the life of another is authorized when necessary in resisting or preventing an offense in which the actor reasonably believes exposes the actor to great bodily harm or death to himself.

In the real case we have only the rescuer’s version since the attacker died from the gunshot.  It’s possible that either man acted in self-defense.  The rescuer could be charged with some level of homicide, although the prosecuting attorney has said he will not do so.

One concern that I have is the “vigilante” aspect of this incident.  For all I know, the rescuer acted as a Good Samaritan and only when he was threatened with death himself, reluctantly pulled out his own gun and shot the attacker dead.  But what if his intention from the start was to act as law enforcement, knowing he was armed and ready to shoot at the smallest reason?

As a society, we license law enforcement to use force—only after rigorous training and education about weapons and violent situations.  Most of us, even if we’re licensed to carry a weapon, lack similar training and may act in a rash, wrong, and deadly way.

What do you think?

The post Self Defense or Murder?? appeared first on Colin T. Nelson.

Last post, I wrote about the law of self-defense in Minnesota.  But if the rescuer didn’t shoot in self-defense, he may be guilty of homicide.  Some readers think the rescuer was a good Samaritan who tried to help the victim by recovering property and catching the attacker.  Others think the rescuer acted improperly as a vigilante and presents a dangerous threat to the community.

After the shooting/death, Minneapolis police investigated the case and presented their evidence to the prosecuting County Attorney.  The elected prosecutor, Mr. Michael Freeman, has announced that the shooter will not be charged with a crime.

Does this mean Mr. Freeman sides with the good Samaritan viewpoint?

I don’t think so.  As a former prosecutor myself, there are two points to be considered by Mr. Freeman:

1.  What evidence does the prosecutor have?

Since there were only two people involved in the shooting and one person is now dead, the only evidence left is the shooter’s version–which he claims is self-defense.  The County Attorney doesn’t have any other contradictory evidence, so that by itself dictates the decisiion to not charge the rescuer with a crime.

2.  Is there any forensic evidence the prosecutor could use?

If the Medical Examiner performed an autopsy, it may support or contradict the shooter’s story.  For instance, if the victim was shot in the back, that could contradict the self-defense claim of the shooter.  I don’t think any such evidence exists to contradict the shooter.

If you consider both these points, it’s easy to see the County Attorney’s decision was the only position he could take under the circumstances regardless of how he may feel about the incident.

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