[Hazcat]

That's true, to an extent. For instance, whether the dead man was genuinely an intruder, or was invited in and then killed by the occupant, is a question of fact that is extremely relevant.

And this report does not make that clear or that the shooter was in fear of his life.

[BenLurkin]

Here is California Penal Code section 198.5. Judges haven't had an trouble interpreting it.

"Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred."

[Tax-chick]

And this report does not make that clear or that the shooter was in fear of his life.

I don't think that "fear of his life" is required for it to be considered a self-defense shooting. However, there must be some evidence available, other than "two men, one dead"! Damage indicating forced entry, perhaps, or the dead man was armed. These would support the occupant's report of what happened.

That's why it's a question of fact, to me, rather than of law.

[Sandy]

And this report does not make that clear or that the shooter was in fear of his life

It wasn't a shooting. It was a beating.

Clem is accused in the violent beating death of Keith Newberg. Police say the two were friends, but in August 2004 a fight broke out between the two inside a Lexington apartment. Investigators say Clem beat Newberg to death with a lamp.

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