WalkingWolf
Regular Member
OK then....
You discover someone cheating in a legalized gambling situation which is causing you to lose money. Legal to shoot and kill them under RCW 9A.16.050?
Washington Pattern Jury Instructions:
https://govt.westlaw.com/wcrji/Docu...ype=CategoryPageItem&contextData=(sc.Default)
The fact that the homeowner left the scene to arm himself and then returned to the scene pretty much tosses self-defense completely out the window. If found that the homeowner was in any danger at all it wasn't until he re-entered the home knowing there was an intruder in there that he placed himself in danger. Using deadly force to stop the felony if it is determined that the trespassing rose to the level of burglary making it a felony? Not according to the jury instructions above. Would a reasonable person leave the house, retrieve a gun, and re-enter the house? To me, that is not reasonable. Especially - and we don't know this - but if it is determined the homeowner had a cell phone in his possession at the time that he could have called used to call for police assistance.
Not from Washington state, but your assessment sound correct, and I think that is the way the jury will vote. Best he can do is hope for a plea deal.