A bill calling for counties to pay back the legal fees of Wyomingites cleared of murder or manslaughter charges in shootings ruled as self-defense could chill police investigations and throw courts into chaos, some critics said.
House Bill 14 , set to go before the 2026 Legislature, could undermine the principle of equal protection under the law, former Washakie County prosecutor John Worrall told Cowboy State Daily.
The bill’s text states that “the county where the person was charged or subject to criminal prosecution shall reimburse the person for all reasonable costs, including loss of time, bail costs, attorney fees and other costs and expenses involved in the person's defense, including the costs of seeking or receiving an expungement…”
HB 14 could prevent over-zealous prosecutors from trying to slap people with murder or manslaughter charges for simply trying to defend themselves or their loved ones from deadly threats, supporters of the bill say.
Undermining Equal Protection?
Worrall has concerns about the bill setting an unfair double standard for cases involving claims of self-defense, versus other criminal proceedings.
“The effect of the first part of this law is to violate the equal protection clause of both the U.S. and Wyoming constitutions,” he said.
“Why does someone who is charged with a violent crime and acquitted because they were determined to be defending themselves receive compensation for anything after an acquittal when no other group of acquitted defendants have this right? That is the essence of lack of equal protection,” he added.
The bill could also blur lines between civil and criminal cases. Worrall added.
“Secondly, this kind of mixing of civil and criminal law usually results in a huge mess in the Courts. Literally every homicide and aggravated assault case would go to trial. Why not? You might end up with a windfall for killing or hurting someone badly,” he said.
“If you were defending yourself, others or your property from injury, the reward is your freedom. Should a DWUI defendant who is acquitted get paid for that? Not a lot of difference,” he added.
Protections Already In Place
Moreover, the law already has provisions to address claims of malicious prosecution or other grievances, he said.
There is also a process in place to file claims against the government, he added.
“There is an entire process for making claims against the government that is out the window here. No submission of claim. No denial of same by county government. No statute of limitations which is entirely different than in most other matters. No limitations on damages,” Worrall said.
Chilling Effect On Police Response?
Cody firearms instructor Bill Tallen told Cowboy State Daily that while he supports the general concept of the bill, he thinks it might need some adjustments.
As it’s written, it seems to call for reimbursement of expenses starting from the moment police start investigating a shooting.
That could have a chilling effect on officers’ duty to secure a shooting scene and make sure everybody is safe, until the facts can be sorted out, he said.
Tallen tells his firearms course students that, should they ever have to draw and fire their weapons in self-defense, they should expect to be detained or arrested afterward, if only just as a precaution on the part of police.
“You are going to be treated as a suspect, and a dangerous suspect, upon arrival of law enforcement at the scene,” he said.
“That’s just good policing, for the safety of the police and for the safety of everyone else,” until a prosecutor can look into the facts and determine if a shooting truly was legitimate self-defense, Tallen added.
The bill might have to be fine-tuned, to specify that it applies only to expenses “downstream” from the immediate aftermath of an alleged self-defense shooting, he said.
The expense ticker should, instead, start once a prosecutor decides to pursue a criminal case against the shooter, he said.
Legal fees and other expenses associated with such cases can “run into the six-figure range” and “ruin somebody’s life,” so it only seems fair that somebody cleared of charges should be paid back, he said.
Property Crime Vs. Personal Threat
The Wyoming Legislature years ago adopted a “stand your ground,” or no duty to retreat, approach to its self-defense statute, Worrall said.
That set a high bar for prosecutors to file criminal charges in alleged self-defense cases, he said.
“We have these in place already, and further, the case will have been additionally vetted at a preliminary hearing to determine probable cause as well as a lesser probable cause determination made when charging documents result in a warrant signed by a judge,” he said.
There was also reference to “property” included in the stand-your-ground revision, he said.
Tallen said that in broad terms, people can’t shoot somebody just for trying to steal something.
He added that HB 14 might need some clarification along those lines.
“If you catch him (a burglar) walking out your door with your television, can you shoot him? The answer right now in many states, including Wyoming, is no,” Tallen said.
“If he turns around, drops the television and runs at you with a knife, then yes, because then there’s an immediate threat of death or great bodily harm,” he added.
Mark Heinz can be reached at mark@cowboystatedaily.com.
