Let's assume that, as is generally true, the man is bigger and stronger than the woman. He attacks her, and tries to strangle her. I'm going to assume there was significant bruising on her neck to back up her claim.
He has overpowered her. Unless she's massively trained in self-defense, a weapon is her only force equalizer. Justified.
As for the previous incidents, unless you've either been the abuser or the victim, you wouldn't know that most domestic violence incidents go unreported. Why? because the abuser will take their revenge on the victim for reporting the abuse.
Example - (I am using a man as the abuser, to go along with the “overpowering” scenario. Don't worry, I'll do it with a woman as abuser later on). Joe comes home from work, has a few beers and gets lit. Mary has supper on the table late. Joe starts in on her, verbally abusing her. Mary responds, she doesn't take shit from nobody. Eventually, Joe tires of her and smacks her around a bit. She keeps talking, AS IS HER RIGHT. Finally, Joe has had enough of her mouth and smacks her upside the head with a closed fist.
Mary doesn't call the cops. She doesn't tell her mom or her friends, and she for damn sure doesn't tell her dad or her brothers.
Why doesn't Mary tell? If she told the cops, Joe would go to jail in most jurisdictions if she has physical proof of the abuse. And tomorrow, after Mary posts Joe's bail and he comes home, he'll beat the shit out of her again, because SHE made legal trouble for him.
She doesn't tell her mom cos her mom always said that Joe was a bum, and why did she marry him anyway? Her mom believes that Mary made her bed, now she has to sleep in it.
Mary doesn't tell her friends because she wants them to like Joe. Some of them already suspect that Mary has been lying about the number of times she has walked into a door or fell down the stairs. Besides, if her friends knew Joe was whalin’ on her, they or their husbands would be sure to say something to Joe...and get Mary beat again, for telling.
She doesn't tell her dad or brothers because she figures there is enough violence going on already. Her daddy always said, “If any guy ever lays a hand on my princess I'll beat the living shit out of him!” Her brothers feel the same.
Most of the time, Mary takes pictures of the bruises. She keeps a journal with brief entries- the date, the reason for the fight, and where or with what he hit her. It's all she can do.
One day, Joe gets really extra lit on hooch. And Mary has had a very bad day at work. There's a stack of bills on the table, and the damn bill collector keeps calling.
Mary makes supper and Joe doesn't like what she made. He's cranky. He verbally starts in on her, and she gives as good as she gets. Then Joe starts pulling her hair. Mary knows where this is headed, again. She's had enough. She goes to her nightstand and gets her 9mm Shield. She also grabs her “go bag”, which she keeps in case she has to leave quickly.
Joe has turned on the TV and is stretched out on the couch. Mary tries to sneak out the door. Joe spots her and bounds off the couch. He whips off his belt and yells “Bitch, you ain't goin’ nowhere!” as he runs toward her. He manages to reach the door before Mary and holds it closed as she tries to turn the know. He takes the belt and whips her on the legs. She tells him to stop, she has her gun. He laughs and tells her “ain't no girl gonna beat me!” as he strikes her again and again. She begs him to stop...and he doesn't. After the belt hits her in the face, she draws her gun and points it at Joe. He scoffs and tries to take it from her. Mary pulls the trigger and shoots Joe in the chest. He goes down slowly.
Mary freaks out and tries to stop the bleeding, all the while telling Joe how sorry she is. Joe tells her he loves her and it's ok. Mary then calls 911. Joe survives the ride to the hospital.
Justified?
That’s a tough scenario
any way you look at it,
Reminds me of a local lady awhile back who got tired of being beaten by her husband. She pulled out a shotgun and pointed it at him and told him to back off. He laughed at her, grabbed the barrel and held it to his chest and told her to go ahead and pull the trigger. She did...
I have been married for forty five years. I made a personal vow when I was around fourteen years old that I would never be divorced. If I had to live on the East Coast and my wife had to live on the West Coast, I would do that. My father raised me to put all women on a pedestal as a gift from God.
I went on a blind date with my gorgeous trophy wife on May third and we were married on June twenty eighth. It wasn't totally a blind date because I remembered my wife's face as a little girl a year behind me in elementary school. Our families knew of each other in our small rural community and her Dad had been on the Local Board of Trustees for the elementary school.
The people you describe are horrible examples of humanity. It mystifies me to think how anyone could choose to live like that.
I did find some pertinent facts in another article:
Mastin was a Tulane Law student, according to an email from Tulane University obtained by WWL-TV.So, as I had hoped the Sheriff is not the last word.The woman has been released without charges and once the investigation is complete, results will be given to the Jefferson Parish DA's office for review, according to the sheriff's office.