Man faces murder charges after killing alleged robber(WV)

wvgazette.com ^ | 22 August, 2011 | Kathryn Gregory

[Armedanddangerous]

yes, we have the castle doctrine, but theres some question as to whether or not the robber was running away when he was shot. Either way, I think the victim was clear

[tom h]

I think there should be extenuating circumstances enshrined in the law. If the perp is retreating, but the threat to the life of the victim was still extant, then deadly force is still allowed. This means that just because the bullet wound enters the perp's backside, the victim is not automatically accused of murder.

I believe that the law should provide considerable leniency in interpretation in favor of the victim. Meaning, if the perp threatens the victim's life, and loses his own in the process, there are very few possibilities for a murder charge.

I'm not excessively heinous here; if the victim draws the gun on the perp, and the perp raises his hands on gets on the ground, and the victim shoots him just because he's pissed, and the terror of the moment has passed, then this is murder. But if the shot happens in the heat of battle, even the the perp had pulled away, then murder is NOT justified.

Whatever the case, WV now has one fewer scumbag running around the streets.