Re: Would you run over a crowd if you were being chased by baseball bats and tear gas?
Posted by:
Early Morning Lawyer
()
Date: December 09, 2018 09:08AM
It does not matter whether in theory someone would run over a crowd to escape. What matters is whether that was the Defendant's motivation, with his intent determined from objective manifestation as well as stated reason. Even under the circumstances described killing someone out of hatred is murder, while killing them out of fear is either manslaughter or self defense depending on reasonableness.
Unlike some criminal trials the Defense was allowed to present evidence supporting the idea the Defendant acted out of fear for his life. Unlike some criminal trials the judge gave self defense instructions. The jury chose not to believe the testimony offered by the Defense and instead found the objective manifestations offered by the prosecution to be persuasive. This Defendant won't be the only one in jail who may have acted in self defense but was convicted of murder.