I was using the term SYG in its non-technical sense, which I believe is also generally used by the media, to refer to a claim of self-defense allowed by the new law which would have been disallowed under the old law. The removal of the “duty to retreat.” The public/media perception of SYG in this non-technical sense appears to be something along the lines of a movie western confrontation in the streets of Dodge City. Two guys trying to face the other person down.
Since, if his story is true, and nobody seems to be disputing this part, Z was on his back being attacked when he fired, he had no opportunity to retreat and so no duty to do so. Prior to his being attacked he had no particular reason to believe he would need to retreat and so this duty would not apply in that case either. Thus his claim to self-defense does not rest on “standing his ground” rather than retreating and would have been allowed under applicable law before SYG passed.
You are, of course, quite correct that many other aspects of the SYG law are applicable, notably the immunity from arrest and prosecution.
Personally, I dislike this aspect of the law. At present it appears that the determination of whether it is applicable and the killer cannot be arrested is an administrative decision by local DA. Which means there is no ruling filed by a court that the killing was justified under the law, just a refusal to arrest or prosecute. This was, of course, a very considerable reason why the case originally picked up attention, as it looked like collusion by the cops and DA in the case.
If I understand correctly, without a judicial ruling that SYG applies, some future DA can change his mind about whether to prosecute and the killer has such a possibility hanging over him for the rest of his life, since there is no statute of limitations on murder. Over time the evidence becomes less available and ability to prove what happens deteriorates. I am also unclear how the immunity from civil lawsuit can be determined without a judicial ruling that SYG is applicable.
I would greatly prefer that all killings where a claim of self-defense is made go before a judge, as the law presently provides for if an attempt at prosecution is made, for a ruling on whether SYG applies. Then it is over and done with, and anybody who wants to dispute it can argue with the court, which is less susceptible to political pressure than the cops or the DA. The law should allow for reasonable legal costs to be reimbursed if the SYG immunity from prosecution is ruled to apply.
The present law also really does allow for possible improper collusion between cops/DA and the killer. While this was not apparently the case here, it certainly could be in another case. Think of a black DA refusing to prosecute, for political reasons, the black shooter of a Tea Party type. I’m uncomfortable with giving this power to the cops or DA rather than to a judge. (Not that judges are perfect, just less exposed to political pressure.)
JMO
Your thoughtful reply is much appreciated.
I understand your “generic/media” usage of SYG but since there’s a commission evaluating changes to the law I believe its critical to understand the law itself.
You do raise some interesting questions in cases of no arrest/prosecution. Is the guy forever at risk of prosecution?
Still, even without the SYG law, even if a defendant is arrested, moving to trial is within the discretion of the state attorney. If he is corrupt, any case can be ignored or charges dismissed.
It may be that the SYG Commission should consider your views on the unpredictability of situations involving failure to prosecute and perhaps allow basically a declaratory judgment action by the defendant or anyone to resolve the need for a resolution to the case.
I definitely agree that if someone is shot or killed that some form of hearing should be required to resolve whether the self defense claim was valid.
Please note, for ANY concealed carry types, if you are forced to draw your weapon you are subject to arrest for aggravated assault and even though no shot is fired you can face 3 years in state prison without opportunity for parole or time off for good behavior for every count. Mandatory sentencing.
You might want to stand your ground for the SYG law even if it needs improvement its better than things were before its passage.