by James Weime 10 years ago
2240
13-406. Justification; defense of a third person A person is justified in threatening or using physical force or deadly physical force against another to protect a third person if, under the circumstances as a reasonable person would believe them to be, such person would be justified under section 13-404 or 13-405 in threatening or using physical force or deadly physical force to protect himself against the unlawful physical force or deadly physical force a reasonable person would believe is threatening the third person he seeks to protect.
13-405. Justification; use of deadly physical force A. A person is justified in threatening or using deadly physical force against another: 1. If such person would be justified in threatening or using physical force against the other under section 13-404, and 2. When and to the degree a reasonable person would believe that deadly physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful deadly physical force. B. A person has no duty to retreat before threatening or using deadly physical force pursuant to this section if the person is in a place where the person may legally be and is not engaged in an unlawful act.
13-411. Justification; use of force in crime prevention; applicability A. A person is justified in threatening or using both physical force and deadly physical force against another if and to the extent the person reasonably believes that physical force or deadly physical force is immediately necessary to prevent the other's commission of arson of an occupied structure under section 13-1704, burglary in the second or first degree under section 13-1507 or 13-1508, kidnapping under section 13-1304, manslaughter under section 13-1103, second or first degree murder under section 13-1104 or 13-1105, sexual conduct with a minor under section 13-1405, sexual assault under section 13-1406, child molestation under section 13-1410, armed robbery under section 13-1904 or aggravated assault under section 13-1204, subsection A, paragraphs 1 and 2. B. There is no duty to retreat before threatening or using physical force or deadly physical force justified by subsection A of this section. C. A person is presumed to be acting reasonably for the purposes of this section if the person is acting to prevent what the person reasonably believes is the imminent or actual commission of any of the offenses listed in subsection A of this section. D. This section includes the use or threatened use of physical force or deadly physical force in a person's home, residence, place of business, land the person owns or leases, conveyance of any kind, or any other place in this state where a person has a right to be. topic
13-1105. First degree murder; classification A. A person commits first degree murder if: 1. Intending or knowing that the person's conduct will cause death, the person causes the death of another person, including an unborn child, with premeditation or, as a result of causing the death of another person with premeditation, causes the death of an unborn child.
13-1101. Definitions In this chapter, unless the context otherwise requires: 1. "Premeditation" means that the defendant acts with either the intention or the knowledge that he will kill another human being, when such intention or knowledge precedes the killing by any length of time to permit reflection. Proof of actual reflection is not required, but an act is not done with premeditation if it is the instant effect of a sudden quarrel or heat of passion. 2. "Homicide" means first degree murder, second degree murder, manslaughter or negligent homicide. 3. "Person" means a human being. 4. "Adequate provocation" means conduct or circumstances sufficient to deprive a reasonable person of self-control.
Opinions offered in the affidavit of the detective are reflected in the "confession," and these opinions do not count as the detective expert.
Statement made by one of the members of the crowd on the night of the incident was not investigated by the detective.
Reports of prior abuse phoned in by the neighbors seems to play no part in this investigation as no attempt was made by the detective to question the neighbors.
"Confession" was written by the detective and shows signs of bias based on the affidavit of the detective investigating this case. The confession should have been written by the defendant - not by the detective.
Did not have medical professionals look at the obvious trauma to the victim's face or take pictures.
States the pistol found on the nightstand had recently been fired. How was this determined without testing? Was a GSW test performed on the defendant?
Examined body and "determined" that the victim was dead. No call for medical help. Not a medical professional so how did she determine for sure the man, who had just recently been shot, was past the point of no return?
Did not clear the house upon entering
Detective with the Metropolitan Police Department in New Columbia. Police officer for 17 years and a detective for the past six years.