Just Thinking Out Loud

Trey Smith

There is a lot of public debate going on around the country about the Trayvon Martin killing and "Stand Your Ground" laws. I've been thinking about it too. Can an aggressor claim that they feared for their life and, thus, shoot somebody and escape any legal culpability?

So, I created a situation in which I am a participant.

Let's say I go to visit the home of an acquaintance somewhere in the general area of where I live (the north end of Pacific County, Washington). I've never been to this home before, so I wouldn't look familiar to any of the neighbors. At some point in the evening, I decide to go outside to get a little fresh air.

As is not unusual around my locale, there's a heavy mist or light drizzle. I frequently wear a hooded sweatshirt, so, to keep the rain off of my bald head, I put my hood up. I'm just meandering on the street near the house when a stranger appears.

He tells me he's a neighborhood watch volunteer and he thinks I'm acting suspiciously. I try to tell him that I'm visiting his neighbor's home and I just stepped outside for some fresh air. I tell him if he doesn't believe me that we can walk up to the house and his neighbor will verify that what I'm saying is true.

As I start to walk towards the house, he pulls out a gun and tells me to stop. He says he thinks I'm lying. He demands that I empty my pockets to prove that I'm not armed. I tell him I will do no such thing and that he's overreacting to a nonexistent "situation."

This angers him and he moves toward me with the gun. Since I don't know this fellow, I'm not sure if he's really a neighborhood watch person or just someone who really wants to rob me. I again tell him I am going to walk back to my acquaintance's house so that he can see I'm telling the truth.

As I start to follow through, he tackles me. At first, I'm able to knock the gun from his hand. We struggle. I hit him two or three times in the face with my fist. At some point, he becomes fearful that I might hurt him seriously or maybe even kill him. He manages to reach his gun on the ground and shoots me. In a matter of seconds, I'm dead.

Even though this fellow instigated the entire situation, can he claim legally-accepted self-defense? What if during our struggle, he really feared for his life? In my efforts to fend off his attack, could I switch from the victim to the aggressor, even if all I was trying to do was to thwart his advance?