What a great question. According to a defense attorney who successfully represented a client who was fully acquitted of a self-defense stabbing, YES, he had a duty to leave: "The most notable thing, in my opinion, is there are several references [in the criminal complaint] to 'route of egress,' or his ability to flee the situation," Nelson said. According to the criminal complaint, video evidence "shows opportunity for Miu to leave the confrontation." Nelson said Wisconsin essentially has a duty for someone to retreat, if possible, before using deadly force. There is another detail that would hurt a self-defense claim. A woman involved in the confrontation told police "what started the physical assault was Miu punched the woman." "You can't claim self-defense if you're the first aggressor or you're engaged in unlawful conduct that provokes another to assault you," Nelson said. That punch is apparently not caught on the bystander video, which is not publicly available. Nelson predicts it will be a complicated trial. https://www.kare11.com/article/news/crime/does-the-apple-river-stabbing-suspect-nick-miu-have-strong-self-defense-claim/89-616bef7d-f10e-442e-898e-0b239bb49b84 |
Why would you smile? This is a tragedy all around. But it reminds me of the ding dong ditch thread. Teenaged young men provoking strangers with no regard to consequences of making someone feel threatened and surrounded. |
They were surrounding him and attacking him. If I were him I’d be terrified that if I just gave a quick swipe with my knife they’d easily swarm me and take the knife and use it on ME |
I dont understand laws that say you have to wait to be hit. Or wait til intruders on your porch enter your home. Angry groups are scary. So are threatening burglars. |
And the mob that was attacking him? Did they have ample time to leave? |
Do you not get that those paragraphs are the WORDS OF A DEFENSE ATTORNEY from the news story linked below? Honey, *I* didn't say anything!
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That will come up in trial, but there's a difference between a few punches and gutting someone with a knife. |
No one said you said anything . The poster was discussing the law and how she disagrees with it. She implied that she knows it’s the law |
PP here. 👍 |
Welp, what are you gonna do, take it up with the lawmakers? He'll be tried under the current state law. And found guilty. And convicted and sentenced. |
| This is a tragic story, and there seems to be plenty of fault to go around. The man will probably be convicted of murder or manslaughter and based on just what I’ve read, I’d agree with that. The teenagers were out of control and brought this upon themselves though. And anyone saying they didn’t 100% cause this tragedy to take place by surrounding that man and taunting him and attacking him, is the reason Brock Turners and Brett Kavanaughs and the like exist in our world. |
I was a new poster, just pointing out that you’re arguing against something that wasn’t ever said |
PP here. I don't know that it is the law, but I often hear those words or read them in the news. We don't own a gun, but I'm scared enough of crime and home invasions in our area to want a shotgun. For now, we have a big, loud barking lab. 🙂 |
| Play stupid games and win stupid prizes. A group of teenaged dudes surround, attack, Yell at, push into the water, a 52 year old man who is acting weird? What did they think was going to happen? Where was THEIR duty to retreat , or is a group of white privileged teens allowed to just try to drown this older man without consequences? |
Play stupid games and win stupid prizes: start engaging with another group, be the first to start physical attack (described by a witness outside of the original group), start stabbing people and gutting them, and you'll end up a murderer in jail. Congratulations on ruining your life, and your wife's life. Enjoy your prize! A guilty sentence and significant jail time! |