 |
 |
 |
| |
|
|
State V Barr
Ct. App. AZ, 1977
Author:- Sam
Biers
Prevention of Crime
Relevant Facts: Df was living in a small house in the back of an antique store. The owner had asked him to keep an eye b/c of thefts and burglaries. One night he heard voices and saw first two men on one side the house and then three more on the other. He approached the three but they kept walking away. He approached the two who were carrying some of the owners chairs. They dropped the chairs and continued walking. Df demanded that they stop but was ignored, he then fired a couple of shots in the air. He heard a rock “whiz,” by his head, lowered the gun and fired twice. One hit the victim in the head, and then the leg.
Legal Issue(s): Whether a person may use deadly force to apprehend a believed fleeing felon?
Court’s Holding: No
Procedure: Jury conviction for manslaughter w/ gun, affirmed.
Law or Rule(s): In order to invoke the defense of justifiable homicide in apprehending a fleeing felon 1) the overt elements of a felony were in fact present; 2) the taking of life was (or appeared to be) reasonably necessary in order to apprehend the fleeing felon.
Court Rationale: If no felony was committed an arrest by a private person is illegal. A private person is not authorized to shoot or kill another in an attempt to arrest merely on suspicion that a felony has been committed. The elements of a burglary were not present and therefore appellant could not invoke the defense. The business was not fenced or enclosed. Concept of burglary reflected by the statute is an unauthorized entry into an area protected against intrusion. To effect an arrest the law no longer allows a private person to use deadly force to arrest for every felony. The felony must be one which reasonably creates a fear of great bodily injury.
Plaintiff’s Argument: The felony must have actually been committed in order that a citizen is justified in using deadly force, there was no felon committed.
Defendant's Argument: Df was attempting to apprehend one who he believed was committing a felony.