Arizona does not have an explicitly titled “stand your ground” law. However, Arizona laws do allow people to defend themselves.
Reasonable fear for his life may not be hard for Mr. Kelly to argue. The problem is so bad that the National Park Service issued a warning. Imagine living there 24/7 with no LE nearby.
Visitors should be aware that drug smuggling and illegal immigration occur in this area due to the proximity to the international border.
He even said he knew who the "leader" apparently was. And also told BP that they were too far away to see whether they had weapons. Even though his atty denies he said that, I will guess that it is documented by an official who will testify to that in court. Imo he's an accident frantically manufacturing a good reason for what he did. Meanwhile, a man was shot in the back nearly a football field from where 9 casings were found by his house.
The person who was killed was found unarmed, the 73 year old man admitted to shooting towards them at over 300ft away. The victim was shot in the back
If the circumstances were reversed here & GK was dead with C-B being held on 2nd degree murder charges would C-B still be the victim if "he was crossing the border in search of a better life"? What if C-B were a drug runner & GK just collateral damage in a cartel war.
In your opinion?
im sorry but this madeup scenario has no bearing on the facts
No. It is the law in AZ.
vannormanlaw.com
Judge OK's Arizona rancher trial in Mexican migrant killing
Once again, I would respectfully suggest that unless you are personally adjudicating the case, you have stated an informed opinion only.No. It is the law in AZ.
Self-Defense Law: Is Arizona a Stand Your Ground State?
In certain situations, the use of lethal force is the only way to defend yourself from serious injury or death. Some states have a “stand your ground” law that protects individuals in these situations. Knowing
Arizona does not have a specific stand-your-ground law. However, that does not mean that self-defense can’t be justified according to Arizona law.
According to Arizona Revised Statute (ARS) 13-404, self-defense is justified if you reasonably believe that using physical force against an attacker is immediately necessary for your protection. However, it is only justified if the attacker is using or attempting to use physical force against you.
Self-defense is not justified when:
- There is no longer an immediate threat
- You use greater force against the attacker than was used against you (such as killing someone for slapping you)
- Someone only verbally provokes you (yells or uses curse words).
- You resist an arrest that you know, or should reasonably know, is being made by a peace officer or by someone acting in the peace officer’s presence under their instruction. Self-defense could be justified if the peace officer uses physical force beyond what the law allows.
- You provoke the attacker’s use or attempted use of unlawful physical force. Self-defense may be justified in this case if all of the following conditions are met:
- You withdraw from the situation or clearly communicate your intent to withdraw
- You reasonably believe that you cannot safely withdraw
- And the attacker continues to use or attempts to use unlawful physical force against you
They are literally quoting the law.
Of course there is at least a preliminary autopsy or the DA wouldn't put it on the record.
tucson.com
The prosecutor wouldnt say that TO A JUDGE if it wasnt true, had backupProsecutor: Arizona border rancher shot unarmed man in back
The killing was an unprovoked attack, prosecutor says. But the defense says the rancher, 74, was approached by armed men on his property near the border with Mexico.
“It’s the state’s position that Mr. Kelly shot an unarmed man in the back in an unprovoked attack as he ran for his life with no warning, and the victim was more than 100 yards from the defendant’s residence when he was shot and killed,” prosecutor Kimberly Hunley said at a Wednesday hearing in the case.
