Even in a state as gun friendly as Wyoming, the legal boundaries for opening fire on a crook are strict, and it’s best to know the law before reaching for a firearm, some experts told Cowboy State Daily.
In light of that, a Casper man who reportedly emptied his handgun at his own pickup after another man stole it and was fleeing in the vehicle might have violated Wyoming’s statutes regarding the use of potentially lethal force.
‘Throwing Shots At Another Human Being’
“If you start throwing shots at another human being, that’s the use of lethal force” which is justified only when there is a direct threat to life and limb, retired peace officer Frank Groth told Cowboy State Daily.
When a firearm is used, the legal questions that arise will likely include: “Was it reasonable? Was there an immediate fear of great bodily injury or death?” said Groth, a firearms and use of lethal force trainer living in Campbell County.
Those who shoot in what they claim to be self-defense could wind up facing a jury in court, added Jon Gerard, a Lander-based attorney who has handled self-defense cases.
“You never know what a jury is going to do. Most of the time the jury — whatever story makes the most sense, that’s what they go with,” he said.
Jason Crotteau, who runs the Riverton-based Wyoming Tactical shooters’ training company, agreed that the threat of grave injury or death must be right there, right now before somebody can legally draw a weapon and open fire.
“The response has to be proportional to the threat. The threat has to be immediate. It can’t be a future threat,” he told Cowboy State Daily.
‘Reasonable Person’
Self-defense or use-of-force cases are “super-fact dependent” upon the details of each individual case, Gerard said.
Much of it hinges upon what a “reasonable person” would have done in the same situation, he said.
When two people have a violent clash, investigators and prosecutors are going to try determining who “the aggressor” was,” he added.
Generally, proving the other party was the aggressor boils down to establishing there was an actual physical attack, Gerard said.
In public, “somebody can scream at you,” but that alone wouldn’t legally justify using force in return, he said.
And the response must be proportional to the threat, he added.
“Generally speaking, you can’t shoot somebody for punching you,” he said.
Being threatened by somebody with a knife might be another matter, Gerard said, because in close quarters, an edged weapon can be just as deadly as a firearm.
Aggravated Assault
Property crimes, such as auto theft, usually don’t justify use of deadly force, Groth said.
“You cannot shoot at somebody who is driving away in your truck,” he said. “If they’re driving at you in your truck and trying to run you over,” that could justify shooting.
Shooting at somebody trying to steal a vehicle, but not directly threatening the owner or others, could get the shooter slapped with an aggravated assault charge at the least, he said.
Going off the reported details of the case in Casper, Groth said he understands why somebody would be fed up with a thief, but the law might not look kindly upon responding with gunfire.
“If that’s a lack of understanding (of the law), I feel sorry for the guy,” Groth said.
What If Somebody Breaks In?
Wyoming is a state with stand-your-ground and castle doctrine when it comes to self-defense, Gerard said.
That means that out in public or inside one’s home, there’s no “duty to retreat” in the face of a threat.
However, again, he stressed that a threat must be direct and imminent.
If somebody breaks into your home while you and your family are inside, it can generally be assumed that person is there with the intent to inflict death or great bodily harm, he said.
However, there have been cases of people wandering into the wrong house, sometimes because they were intoxicated.
In instances such as that, there’s no legal justification for shooting somebody just for being in your house uninvited, he said.
Know When, How To Shoot
Groth said that in Wyoming, it can be frustrating offering self-defense shooting classes, because many people think, “I’ve been around guns my whole life, I don’t need your class.”
But using a handgun in a high-stress, self-defense situation is an entirely different matter than shooting game with rifles and shotguns, or going to a shooting range.
He said he runs his students through specific drills. One is firing three shots from 10 yards, performing a “slide-lock reload” of the pistol and then firing another shot. All within seven seconds.
He added that from a legal and ethical standpoint, people need to ponder “can, should and must” when it comes to using a gun.
“Must shoot” hinges upon saving oneself or somebody else from being killed or seriously maimed, he said.
And opening fire also means being responsible for where every bullet goes, Groth added.
He recalled words of wisdom from his own mentor, veteran Texas lawman Wayne Dobbs.
“When you start shooting bullets, they are all going to hit something,” Groth said. “It’s up to you to make sure that they hit what it is you need them to hit, and not something you don’t want them to hit.”
Mark Heinz can be reached at mark@cowboystatedaily.com.
