Legal Question in Criminal Law in California

murder or self defense
A friend shot and killed someone on his property. Events that led up to this: walking home from store had words with some gang bangers 5 houses down. Later, after hours of partying 8 of the gang bangers came down to his house and were threatening him with violence. He heard one say''get the gun''. There are two houses on the property, his and his 80 year old mothers. He is on parole and didn't have any weapons in his house so he ran to his moms she handed him a 410 gun and he went back outside. It was very dark, he warned them to get off the property then fired a warning shot. Not sure if shot ricochet off something, but someone got shot. The gang bangers drug the victim all the way back to their house where they attempted to care for the person themselves. By the time they called for help my friend had already called the Sheriff and reported what had happened. He's in jail for murder with 2 million bail. What do you think will happen to him, does he have a self defense case. He has an attorney, 50K retainer! I'm not able to ask his attorney anything, I'm very worried. I would be very grateful for a professionals opinion.
Thank you for your consideration...
KB

Asked on 2/18/06, 6:02 am

2 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

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Re: murder or self defense

Self defense may be available to him, but more facts would be needed. A 410 is a shotgun. It seems unlikely that the wound would have resluted from a ricohet. The fact that the injured person was moved and denied prompt medical treatment would also be factor. His problem is that he is prohibited from having a firearm in his possession.

Answered on 2/20/06, 1:51 am

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