There are all sorts of police units and methodologies devoted to trying to establish communications with disturbed individuals. There are methods that work and other approaches that are less effective. Here is one approach that still needs some work. Then again maybe it was the messenger.
FAILED_SUICIDE_WIFE_SHOT? This has all the makings of being a law school, “How many Angels Can Dance on The Head of a Pin?” logic scenario. Here is the Pennsylvania Statute:
TITLE 18, CRIMES AND OFFENSES
PART I. PRELIMINARY PROVISIONS
Chapter 5. General Principles of Justification
§ 505. Use of force in self-protection.
(a) Use of force justifiable for protection of the person.–The use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.
(b) Limitations on justifying necessity for use of force.–
(1) The use of force is not justifiable under this section:
(i) to resist an arrest which the actor knows is being made by a peace officer, although the arrest is unlawful; or
(ii) to resist force used by the occupier or possessor of property or by another person on his behalf, where the actor knows that the person using the force is doing so under a claim of right to protect the property, except that this limitation shall not apply if:
(A) the actor is a public officer acting in the performance of his duties or a person lawfully assisting him therein or a person making or assisting in a lawful arrest;
(B) the actor has been unlawfully dispossessed of the property and is making a reentry or recaption justified by section 507 of this title (relating to use of force for the protection of property); or
(C) the actor believes that such force is necessary to protect himself against death or serious bodily injury.
Let’s break down the scenario:
Police say a Pennsylvania man told them he fatally shot his wife after first trying to kill himself and then hearing her taunting him and encouraging him to shoot himself. Police say Joshua Crawford told them the gun wouldn’t fire and his wife continued to call him names and urge him to shoot himself, so he turned the gun on her and fired.
Up for consideration:
- How many men reading this are: married, driving a minivan, gave up fishing, hunting or bowling and live within three blocks of his in laws? Did they bow to the superior logic exhibited by their spouse or was it the soul sucking, constant and unrelenting barrage of abuse hurled their way by their loving spouse?
- Did the state of mind of the husband coupled with the taunts of the wife combine to make him believe after one failed attempt, suicide was still a viable option and the only way to avoid it was to make the voices stop? Given past experience, twas it reasonable for the husband to believe that there was no safe place or temporary refuge that could shield him?
There is no duty to retreat in Pennsylvania provided the shooter had legal possession of the gun, right to be at the place where the shooting occurred and was not otherwise engaged in criminal activity.
Case law, that is prior court decisions involving similar fact situations are against the husband. Verbal provocation alone does not justify the use of deadly force. Depending on the marital history, I could see a diminished capacity, battered spouse argument. The best advice I can give to the defendant, pack a toothbrush.