Summary of Bradley v. Hunter, Ct of App. Louisiana, 1982
Facts: The DF ran a small store with her ailing mother, both of whole were elderly. PL was told twice before not enter the store’s premises. Two week previous he had threatened to “get her." On the night in question he entered again and requested a coke but was refused service. He then became verbally abusive and threatening. He left the store and the DF picked up her pistol and carried it on her person. The PL was seen approaching the store gesturing and yelling threats. DF fired one or two warning shots, but PL continued to approach in a menacing and threatening manner. Df shot him in the head.
Issue: Whether the Def was justified in shooting Mr. Bradley and in doing so claiming self defense?
Procedure: Bench trial granted directed verdict for DF, dimissed suit. PL appeals. Affirmed.
Rule: When a person reasonably believes he is threatened with bodily harm, he may use whatever force appears to be reasonably necessary to protect against the threatened injury. This is dependent upon the relative size, age, and strength of the parties, reputations for violence, who was the aggressor, the degree of physical harm reasonably feared, AND the presence or absence of weapons.
Ct. Rationale: The evidence as a whole indicates that the deceased made DF shoot him. He was warned, by the firing of at least one shot, to desist. The deceased’s local reputation was one of violence and aggression.
PL A: The deceased was unarmed and outside in the street, the DF could have simply went inside the store and locked the door and called the police.
Def A: The deceased continued to threaten the DF, who reasonably feared for her life and the life of her mother.
Tutrix: A female tutor.
Perusal: Review, examination or inspection