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    Brief - Petitioner Appendix 1

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    Law of Self Defense
    The court dismissed the criminal case against the defendant. The court found that: 1) The defendant was lawfully in his own home and not the initial aggressor. 2) The intruder unlawfully entered the defendant's home and instigated the violence. 3) The defendant had a reasonable and honest belief that deadly force was necessary to prevent imminent harm to himself. The court determined the defendant was justified in his use of force under Wyoming statute and dismissed the case.

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    Brief - Petitioner Appendix 1

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    Law of Self Defense
    56 views3 pages
    The court dismissed the criminal case against the defendant. The court found that: 1) The defendant was lawfully in his own home and not the initial aggressor. 2) The intruder unlawfully entered the defendant's home and instigated the violence. 3) The defendant had a reasonable and honest belief that deadly force was necessary to prevent imminent harm to himself. The court determined the defendant was justified in his use of force under Wyoming statute and dismissed the case.

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    Brief - Petitioner Appendix 1

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    The court dismissed the criminal case against the defendant. The court found that: 1) The defendant was lawfully in his own home and not the initial aggressor. 2) The intruder unlawfully entered the defendant's home and instigated the violence. 3) The defendant had a reasonable and honest belief that deadly force was necessary to prevent imminent harm to himself. The court determined the defendant was justified in his use of force under Wyoming statute and dismissed the case.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    56 views3 pages

    Brief - Petitioner Appendix 1

    Uploaded by

    Law of Self Defense
    The court dismissed the criminal case against the defendant. The court found that: 1) The defendant was lawfully in his own home and not the initial aggressor. 2) The intruder unlawfully entered the defendant's home and instigated the violence. 3) The defendant had a reasonable and honest belief that deadly force was necessary to prevent imminent harm to himself. The court determined the defendant was justified in his use of force under Wyoming statute and dismissed the case.

    Copyright:

    © All Rights Reserved
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    of 3

    )"3k

    IN Tl{E DJSTRrCT C:(X)l=RT IEJ U IL" LLi"l ""S


    SEVENTI{ JUDJC}AL I)'ISal"RTCT
    NATRO'NA COtJN'TY, 'WYOiVf}NG IJ MAR a I 21il9 fl-))
    THE STATE OF WYOMrNG, ) Arme Vol}n Clerk of D}str{ct Court
    ) B }!, ! (a y': a C' a=. u i 'i?%? ""( -
    VS.
    Plaiiitiff, )
    ) G:o<'% Depubl

    ) 'i)ocket No. 21230-C


    ),:
    JASON TSOSIE JOHN,
    01
    )
    Defendant. )

    ORDER DISMISSING CASE FOLLOWmG w.s. !6?{3ARTNG


    TIIIS M?ATTER liaviiig come before this Colll'( ori the l"T day of Febmary 2(ll 9 for a
    l:ieai-iiig on t)ie J?)efendant's Motion for Dismissal Pursy.tam to 1%')ioining Statute 6-2-602, iir in the
    Alternatisie, Enforcemei'it of W)ioming Statute 6-2-602(f) filed Decen'iber 26" 2018 (iS':otion to
    Disn'iiss), the State being represented by Dan Itzcn, District Attorney and Keviii Talieri, ."issistant
    District Attorney, and the Defendant, lieing represeuted by Timothy Cotton and Josepl'i
    [i'ampton, Assistaiit Public Defenders, and the Court having reviewed the pleadiiigs, the evidence
    presented duriiig the ]iearing ot'i tl'ie matter, the arguments of the parties and other'wise being fully
    ;advised iii the premise, and liaviiig made detailed orat findings during tl'ie hearing - which are
    hereby ixicorporated liereixi l)Y refetence - and xi'ialces the following findings;
    1. That tl'ie Defenda'i'it was lawfully present in his own home, lie was not the initial
    aggressor iii tbis case and lte was not engaged in illegal activity when he was in his hoi'ne.
    2. Tliat the Defendant had 110 duty to retreat.
    3. Thc Mr. Willow was riot invited into tl"ie lion"ie of the Defendant.

    4. Mr. Willow instigated the violei'ice in this case and the violence was contemporaneous
    l

    Appendix 1
    anrl the risk of serio?is bodily liann oi- adeatli to the Defendaiit or others witliiri his liotne
    was considered imminent by the Defendant.
    s. Tliis was a very dat'igerous encounter that escalated in mere seconds.
    6. Mi': Willow was warned to stay back Liy the Defendaiit, iiistead lie made an ?mla'wful and
    highly provocative and violent entry into the Del'eiidant's }ioi'ne and the presun'iptions are
    that lie intended to conmiit air unlawfcil act iiivolving force or violence.
    7. Tlxere is no indication that there was air act of disengagement on the part of Mr. Willow
    once lie started runniiig toward the Defendant.
    8. Tlie Defendaiit fired 9 shots from a magazine of 30 r6ut'ids from an AR-15-type rifle, in
    rapid succession with no disceriiable brealc iii tl'ie time between those s]'iots.
    9. Tliat Defei'idaiit was in his own hoii'ie arid tl'ie body of Mr. Willow was also found in the
    home of the Defendaiit.

    10. Tliat tl'ie Defendaiit's reasonable arid honest belief that deadly force was neee.ssary to
    prevent imminent death or serious bodily injury to l'iimself or another is triggered under
    the facts of this case.

    11. Tliat tl'ie stahitoi'y presumption of reasoiiableness is implicated because Mr. Willow
    unlawfully and forcefully entered the Defendant's home, and that the force tl'iat Was used
    by the Defendaiit was iiecessaiy in this case.
    12. That the State has not met its burden to establish that probable caiise exists to 6onclude
    tltat the Defendaiit's use of force was not statutorily justified and that the Defendant shall
    be afforded the protections of Wyoming Statitte § 6-2-602, and lie shall riot be subject to
    criminal prosecution iii lhis matter.

    2
    IT TS HEi%EBY ORDERET), AD.JUDGED ?f'iNT) l)ECREET) l'l'iat tbe !)c!ci'idaiit sl'iall
    t?ie afforded the protections of Wyomii'ig Sta(?ite § 6-2-602.
    TT 28 HEREBY FURTH'F,R ORDERED, ADJUDGED ,AND DtlC-RluF,D that the
    Deferidaiit's Motion to Dismiss sl'iall be granted and tbe tnatl:er dismissed.
    XT IS FURTi-IER OR?DEREI) tl'iat airy boxid tl'iat has been posted tri this matter shall be
    discharged.

    . "xO
    DATEDthis ,i???(2, dayof iyi,-
    ,-'.,)??
    Cd"%rl;:> 'ta - ': '-":l'i-b't'- -,'.S
    CATHAR?TNT3 E l%v'i?,K?TNG
    DISTR}CT COURal' JUDGE
    App'roved as to for-m:
    , 'S

    Timotl'iy Cottoii Keviii Tahcri


    Coiitract Public Defender
    Assistaiit District AtLoi'ney

    *?Affl O?' WYOMINa. aa(JN'h" @P klMO?rA 88 e:'!FtTlPICATE


    I do tietetiy certIfy lbat the mthiri pnd {oauyAr,g is a full lrue and
    coirec} copy ol the origir?al documen( vAich is on file or of record
    in my of'ace.
    ?d,am vhe S!4 of said cu this, .&y of

    ANNE VOLIN, Clerk of the Disirid Courl, 71n Judicia) Dis(rici


    in and for
    aY, }i

    ) C) Deputy

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