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Old Man Metal

Veteran Member
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I've been poking around trying to find out more about WV's self-defense laws, in reference to the Teresa Baker story. If anyone's interested:

There was a 'Castle Doctrine' bill introduced in the state Senate 24 Jan 07. It apparently died in the state House Judiciary Committee and was revived in the state senate again this January. Note that

West Virginia law cites no obligation to retreat from either a motor vehicle or a dwelling if approached by someone with evil intent, says Jordan Austin, state liaison for the National Rifle Association, the chief backer of the proposal.

so there is no duty to retreat like some states. This is good. On the bad side, the right to self-defense does not appear to be clearly codified in state law, the result being that the local law enforcement apparatus ends up being the primary decision-maker as to whether or not charges are filed, and the results in court are the usual tossup.

Examples: A blog that contains several years worth of news articles related to self-defense shootings, here's the extracts for WV:

A few of these news reports bear some similarities to the situation at hand (i.e. self-defense shooting during a domestic disturbance):

1. Clendenin, West Virginia (27 Dec 07)
2. Elkins, West Virginia (23 Feb 07)
Note specifically, in the follow-up article:

At that hearing, Randolph County Prosecutor Frank Bush moved to dismiss the case against Snider, saying the evidence indicates the shooting was done in self defense.

That case has raised questions about what is self defense.

State law doesn't specifically address the issue so how do you know when you can defend yourself with deadly force?

Bush said its a difficult claim since each and every case is different.

3. Fayetteville, West Virginia (18 April 06)

Also, pertinent tangential info: Chapter 61 of the state code

see specifically §61-2-28. Domestic violence -- Criminal acts.

The upshot is that, since the locals have seen fit to file murder charges, she's going to have to fight them in a state that currently has no clear regulatory treatment of self-defense. :( There are certainly folks that have beaten a similar rap in WV, though.
 
While I understand the popular support of Baker I think this is an uphill fight as she wasn't acting in her defense and the shooting occurred in what is being reported as the victim's residence as well as the daughter/kids primary residence.

Mitigating is the family ties of course but it appears to me her intervention would have been more defensible had she gifted that pistol to her daughter.
 
While I understand the popular support of Baker I think this is an uphill fight as she wasn't acting in her defense and the shooting occurred in what is being reported as the victim's residence as well as the daughter/kids primary residence.

Mitigating is the family ties of course but it appears to me her intervention would have been more defensible had she gifted that pistol to her daughter.

I agree; it would be an uphill fight even in a state with optimal self-defense laws. Given that it's WV, she's got two strikes against her from the git-go. She needs a damn good lawyer, and I don't think she's got the resources to get one.

I'm not sure that one can state categorically that she wasn't acting in her own defense, though... she clearly went to her daughter's residence in defense of her daughter, true, but once there she may well have entered a legitimate self-defense situation. To your point, though, a good DA would make a lot of hay out of the fact that she went there with a weapon in the first place.
 
Good point, there weren't witnesses to the shooting. I was thinking more of the weapon being brought into the residence by the shooter speaks more to pre-meditation than self-defense though.
 
Good point, there weren't witnesses to the shooting. I was thinking more of the weapon being brought into the residence by the shooter speaks more to pre-meditation than self-defense though.

She had to have something in her hands to protect her daughter and grandkids from the "boxer". I don't understand why the state would expect her to stand and listen to her family being abused for over an hour and not act. Especially, after waiting and waiting on the cops to do their jobs. Its just craziness.

However, unless she gets a real attorney, she is screwed. It is just such an outrage. I wish we could get enough attention on the LE of Huntington, that, magically, somehow they would forget about her because they would be too busy covering their own sorry asses. I know, I know -- Wake up Alice, I'm in Wonderland.

Its just bullshit.:mad:
 
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