Sunday, April 23, 2017

Followup AR: Shooting of Michael A. Woith Ruled Justified

"It is the opinion of this office that James Wisely was justified in his use of force, which does not merit the filing of any criminal activity,” Sebastian County Prosecutor Dan Shue wrote in a news release.

Shue noted the applicable law as reading “A person is justified in using deadly physical force upon another person if the person reasonably believes that the other person is committing or about to commit a felony involving force or violence; using or about to use unlawful deadly physical force.”

The law goes on to say that a person may not use deadly physical force in self-defense if the person knows that he or she can avoid the necessity of using deadly physical force by retreating. However, a person is not required to retreat if the person is unable to retreat with complete safety, the law adds.

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