Houhusky
New Fish
Should he have been there? Probably not, but for the point of this exercise in guilt for MURDER it doesn't matter. A dipshit mother and questionable judgement does NOT mean you do not get to defend yourself later.
Should he have been carrying a gun? After some basic research I *think* he did not violate the law. Not sure though, as I am no lawyer. But, as above, for the question as to his chargeability under the law for MURDER it doesn't matter. Let's say you steal a ding dong from a 7-11, and then 30 seconds later you are accosted in the street and end up shooting someone to save your own life. Does the fact that you shoplifted 30 seconds earlier mean you are also now guilty of murder? Nope. He may or may not have a gun charge on him, but that doesn't matter to the larger question.
I have studied the videos and the best timeline recreations I could find (thanks @GrundleStiltzkin ), and there is absolutely ZERO doubt that he acted in self defense, and met the bar for defense of ones life. No matter what happened before (unless it comes out he beat the guy with his rifle, which he almost assuredly did not) he was in retreat. You have a duty to retreat and he was fulfilling that duty trying to extricate himself from the situation. Three grown ass men chased him with intent to harm in his mind, and any reasonable persons. Someone fired a round behind him (doesn't matter if it was at him or not he could reasonably believe when being chased by multiple adults that the shot was intended for him), then someone throws something at him (assault with a deadly weapon), and then some now dead moron tried to go in for his rifle. Only then did the kid shoot. You can dissect this a million ways from Sunday but that is self defense and nobody could ever convince me otherwise.
People are trying to make this about if he should have been there (he shouldn't have been at 17), and if he was legally entitled to "defend" the business (doesn't matter), and if he was violating a hunting statute (doesn't matter). Once 3 adult males decided to chase a kid with a gun, fire a round into the air, hurl a weapon at him, and then charge him, all while he was RUNNING away, they gave up all rights to life. He ended it. That's it. Any attempt to complicate that is just politically driven bullshit. If there is a gun charge, prosecute it. If there is a child welfare charge because Mom was stupid, charge it. No issues from me. But murder? That's just bullshit. Period.
I won't even go into the second act because that is so obviously self defense even Ray Charles can see it.
Do they have a state law requiring you to retreat? Otherwise you have no legal duty to retreat but it sure looks better in this case! The kid did everything he could to retreat and try to reach the police.
Here is the link to Wisconsin State Law 939.48: Self-defense and defense of others. https://docs.legis.wisconsin.gov/statutes/statutes/939/iii/48#:~:text=(a)%20A%20person%20who%20engages,in%20the%20unlawful%20conduct%20to
The legal footnote of the law cites; "While there is no statutory duty to retreat, whether the opportunity to retreat was available goes to whether the defendant reasonably believed the force used was necessary to prevent an interference with his or her person. State v. Wenger, 225 Wis. 2d 495, 593 N.W.2d 467 (Ct. App. 1999), 98-1739."
Also, Wisconsin State Law 939.49 Defense of property and protection against retail theft.... (makes no fucking sense to me)
"A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with the person's property. Only such degree of force or threat thereof may intentionally be used as the actor reasonably believes is necessary to prevent or terminate the interference. It is not reasonable to intentionally use force intended or likely to cause death or great bodily harm for the sole purpose of defense of one's property."
Im glad we can all be educated on Wisconsin State law now.
but @Swaye is right, irregardless of the legal jostling and retards parroting falsehoods about the law its all a mute point. The video clearly shows someone retreating, being attacked, and defending themselves. I dont see how anyone could possibly see it any other way unless their vision is clouded by politics or the slight of hand to say he deserved it on account of what he was wearing type arguments.
