(AK) Tourist kills man that pointed gun at trooper

spacemanspiff

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http://www.adn.com/news/alaska/crime/story/7963984p-7857152c.html
Tourist kills man who pointed gun at trooper
MANLEY HOT SPRINGS: Shooter says victim had fired at him and companion.
By JEANNETTE J. LEE The Associated Press Published: July 14, 2006 Last Modified: July 14, 2006 at 02:33 AM

A man was shot to death near Manley Hot Springs on Tuesday after pointing a long gun at an Alaska state trooper, officials said Thursday.

The man was shot by an out-of-state fisherman who had called for trooper assistance because, he said, the man who was killed had earlier been shooting at him and a fishing partner. The trooper was Michael Wery, based in Fairbanks.

The dead man had lived in the 75-person community of Manley Hot Springs for several years and had been camping nearby for what troopers say may have been several months.

The two men didn't know each other and troopers said their identities would be released only after family members had been notified.

Trooper spokesman Brandon Anderson said the man who was shot was 40 years old and had a criminal history, including a DUI.

The incident is still under investigation. Troopers don't know why he may have been shooting at the fishermen, who had been sportfishing on the Tanana River.

Troopers also didn't say whether the fisherman, a 42-year-old tourist from Arizona, would be charged in the shooting.

A law passed recently by the Alaska Legislature allows a person to use deadly force in self defense outside the home, but the law doesn't go into effect until mid-September.

"There will certainly be an investigation into whether it was defense of self and defense of a trooper," Anderson said.

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Whats your take on this? Someone shoots at you, or towards you, whatever, do you return fire if you can see the shooter? Or call for help?
 
Id say it was justified. He was defending life and limb and thats the legal interpetaion of self defense. it doenst matter if its yourself or someone else. In this case in defense of a state trooper i dont know a jury in the world that would fiond the guy guilty.

SW
 
The article mentions a law being enacted in September that 'allows deadly force in self defense outside the home', but I think thats an inaccurate statement. Based on what I have read, the law is more about removing a duty to retreat. I need to read more about it though.
 
Good point, spiff.

And the "duty to retreat" carries with it the implicit "if reasonably possible and likely to de-escalate the situation". Pretty tough to avoid violence while retreating in the face of a pointed firearm.
Rich
 
Since he was asssiting a police officer, there is no duty to retreat.

Bet ya the decendent was drunk

WildtypicalbushscenarioAlaska
 
"Corpse control!"
There you go again, Wild.....Gun Control; Corpse Control.....when will you learn?
They'll get my corpse when they pry it from my cold dead fingers!
Rich
 
You have, of course, (or corpse, whatever) have heard the urban legends about people finding casks of old rum, wine, whatever, and having a party, only to find out that a human body had been preserved in the cask...
 
"Castle Doctrine"

This is what every state needs to assure that someone who uses deadly force properly,does' not have to face charges,criminal nor civily..:cool:

Brenden
 
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