While ending someone’s life is typically a brutal and traumatizing event, it is not always viewed as murder by the law. For example, in many cases, self-defense is a valid defense to a murder charge. In cases where one person accidentally kills another person, it may not be murder, but it could result in a conviction for other charges. It is essential for anyone facing murder charges to retain an attorney who will thoroughly explain to the jury any defense for the defendant’s actions.
The Supreme Court of Washington recently analyzed whether the court erred in failing to instruct the jury on excusable homicide, in Washington v. Henderson, a case where the defendant argued he killed the victim in self-defense. If you are charged with a crime, you should meet with a skilled Washington criminal defense attorney to discuss your available defenses.
Allegedly, the defendant and his victim were involved in a verbal altercation at a gas station. At one point, the victim lunged at the defendant and appeared to reach for his pocket. The defendant then drew a gun from his pocket and shot and killed the victim. He was subsequently charged with felony murder based on second-degree assault with a deadly weapon. During the trial, the defendant argued he was acting in self-defense and accidentally killed the victim. The court instructed the jury in justifiable homicide but not in excusable homicide. The jury convicted the defendant after which he appealed, arguing the trial court erred in refusing to instruct the jury in excusable homicide. The court of appeals reversed, after which the State petitioned the Supreme Court of Washington for review.