From the above link.
�He tells him 'You better back up. You better back up,' and the guy don't back up until he gets his wallet out. Then when he gets his wallet out and he sees that gun, he takes off running. That's when Jesse shot him, as soon as he took off,� Rodney Sells, a witness, said.
That's where the debate of self defense comes into play. Canul is facing murder charges because Abbott was already running away when he was shot. However, Canul�s supporters disagree.
WSAZ.com looked into the fine line between self defense and murder.
We found there is a line, but how fine it is -- depends. It depends what the law says about deadly force.
It also comes down to common sense, and what the facts may be of any individual case.
We went to the experts and the law books and asked 30-year NRA certified pistol instructor Chuck Yeager to demonstrate with WSAZ.com's Randy Yohe what he says all gun safety instructors teach -- that you only use deadly force if you are forced.
�I'd give you my wallet. It's in my pocket. Don't stab me," Yeager said. "Then, I would try to back up and put my hands in the air. And if you turn around and run away, I don't care. I can replace my wallet. Even though you're a criminal, your life is worth more than a wallet."
Cabell County Prosecutor Chris Chiles says there are two general rules in what's self defense and what's a criminal act.
�Who was the primary aggressor?" Chiles said. "And, was it reasonable for the person who acted to be in fear of death or serious bodily injury?�
A West Virginia law known as the Castle Doctrine says a person attacked in a public place is without a duty to retreat, if they are in imminent danger of death or serious bodily harm -- and can only be saved by the use of deadly force.
Better than Washington laws but no where near as good as Texas. I think this will cost Canul time.
