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Old 04-12-2007, 12:24 PM   #13
fishpoopoo
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IANAL so i'm not sure where the burden has to fall in this case - but

1) either the defendant has to prove that she was in immediate danger of grave bodily harm and/or death and she couldn't retreat ... (forensics will say a lot about this)

OR

2) the prosecution has to show beyond a reasonable doubt that what transpired was "merely" simple assault, for which deadly force was not justified.

without knowing the specifics of the case, it looks like to me #2.

to make it worse: based on the newspaper accounts, she probably violated armed citizen cardinal rule #1 post-shooting: "STFU and lawyer up." What she said to the cops can and will be used against her.

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