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
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:
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.
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.