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legaleagle, Lawyer
Category: Criminal Law
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Experience:  Licensed Attorney for 7 years
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This is a criminal law related question. An off duty police

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This is a criminal law related question. An off duty police officer has called off an affair with his mistress. Since then she continues to call him and threaten him saying, "you are going to pay." One day, when he was on his way to work, running late, he looks out the window and sees her pull up to his house. He then goes outside. She walks up to him with something which looks like a weapon under her sweater and says, "I told you I would make you pay!" At this point, believing he is in imminent danger, he takes out his gun and shoots her in the head and she dies. As a police officer, off-duty at the time, does he have any special defenses that could be used in his favor? Is he judged by a different standard of law considering he knows how to use a weapon and could have wounded her but instead killed her? This is something I am researching under Alabama case law and am having a hard time finding an answer or any precedent. Your assistance would be greatly appreciated. Thank you
Submitted: 6 years ago.
Category: Criminal Law
Expert:  legaleagle replied 6 years ago.
Since he was off duty he would have a self defense, defense, just as any person who was not an officer would have. She had threatened him, she say she told him she would make him pay and he had a genuine fear for his life in addition to his reasonable belief that she had a weapon under her sweater. Police and gun owners are trained to shot to kill, not wound, because a wounded person who is armed can still shot you after being wounded.
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