I can agree with most of your statements. The only part I see as a problem lays here.
Once he took off with the money in the parking lot, reports indicate Canul, who has a concealed weapon permit, pulled out a gun and allegedly shot Abbot in the head. Abbot died at the Logan County Medical Center.
As I see it the threat was over. If Canul had drawn and killed Abbot when they were face to face I think he would have been good under the law in West Virginia. He probably would be facing charges in Washington.
Canul claims he was acting in self defense, but Bennett says there are clear legal definitions for that.
"If and when it ever gets to a grand jury, the judge would instruct them specifically on the law of self defense in this state." He says he has seen cases like this one before now.
"The facts are always somewhat different but, in many respects, quite similar."
At this point, Canul is facing murder charges.
Isn't this just about the way I stated it. Under the laws of West Virginia self defense is defined. It appears Canul broke those laws and the judge will instruct the jury on those laws. That is how the jury will have to decide this case.
I am really glad I will not be in that jury box. I disagree with the laws here in Washington. I think having to run and hide before being able to defend yourself from an attacker is out and out stupid. But those are the laws here. If I break them then I will have to face the consequences.
