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You have probably heard about Jamie Chen who shot Roberto Vega-Gil Wednesday afternoon who was an intruder in Chens’ parent’s house in Fitchburg. So far, no charges are pending.
I am not a lawyer but I do carry a gun all of the time and this sort of situation is what I think about while I am armed.
This is the Wisconsin statute which explains the privilege of self defense.
939.48
(1) A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with his or her person by such other person. The actor may intentionally use only such force or threat thereof as the actor reasonably believes is necessary to prevent or terminate the interference. The actor may not intentionally use force which is intended or likely to cause death or great bodily harm unless the actor reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself.
(1) A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with his or her person by such other person. The actor may intentionally use only such force or threat thereof as the actor reasonably believes is necessary to prevent or terminate the interference. The actor may not intentionally use force which is intended or likely to cause death or great bodily harm unless the actor reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself.
I read this to mean that I am allowed to use only enough force as is reasonable and necessary to stop a threat of an unlawful interference with my person. The use of lethal force is reasonable and necessary only for the prevention or termination of an imminent threat of death or great bodily harm to me (there is also a body of law which deals with coming to the defense of others which I am not going to discuss here).
Put another way, if an intruder is in my home who is just stealing my property he can be forcibly stopped, but not by using lethal force. However if an intruder in my home pointed a gun at me thereby threatened me with imminent death or great bodily harm, I am justified in using lethal force to prevent or terminate the threat against me.
This is the Wisconsin statute which explains the defense of property.
939.49
(1) A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with the person’s property. Only such degree of force or threat thereof may intentionally be used as the actor reasonably believes is necessary to prevent or terminate the interference. It is not reasonable to intentionally use force intended or likely to cause death or great bodily harm for the sole purpose of defense of one’s property.
So, the use of lethal force is excessive force if all I am doing is defending my property.
A person using lethal force wears several hats. I am the arresting officer, prosecuting attorney, judge, jury and possibly the executioner. I must make all the right decisions often in just a second or less. At the risk of sounding obvious, once I make the decision to shoot someone it can not be reversed.
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