Re: [DL] Law Question

[Munch Wolf <munchwolf@yahoo.com>]

--- "Spence, Roy" <r.spence@weir.co.uk> wrote:
> I'm wondering if anyone out there with a grasp of
> western law could possibly
> provide some advice on how to handle this one.
> 
> My posse includes a Deputy US Marshal for Nevada who
> is currently way
> outside of his jurisdiction in the City O'Gloom,
> Utah.  He and another posse
> member were questioning a suspect about the
> disappearance of a third posse
> member while in the Ledge.  The Deputy Marshal stood
> back and surveed the
> bar whie his friend used some "special" talents to
> get information out of
> the suspect.  The suspect duped the friend and
> fanned 5 bullets into him,
> jumped over the now bleeding and unconscious body
> and made a dash for the
> door.  
> 
> Our Deputy Marshal drew his twin gattling pistols
> and opened fire.  He fired
> both pistols twice, throwing 12 bullets into the
> room.  Eight hit their
> target, one doing 46 to his head, so the suspect
> expired immediately, two of
> the remaining 4 bullets hit bystanders - one doing 2
> guts wounds and another
> doing 4 wounds to the head (was 5 wounds but he
> reduced it using his last 2
> white fate chips).  The Deputy, thinking he's killed
> the poor bystander who
> is now bleeding profusely from a head wound, is
> startled by the bartenders
> shout to drop his weapons.  Failing a guts check, he
> runs for the door
> vacating the premises before the barman can move.
> 
> In the aftermath the Deputy Marshal is starting to
> think his actions were
> extremely foolish and is thinking of turning himself
> in.  His official story
> is that he shot the suspect after the suspect shot
> his friend (does this
> count as self-defence?) and explaining that he ran
> because he was chasing
> the suspects accomplice.
> 
> Has anyone any idea how Mormon law in those days
> would handle this?
>  

Self defense is, I believe, defined as reasonable
force.  If someone punches you, punching back is
self-defense.  Gunning the person down is not.  In
this case, shooting back could be considered
reasonable.  Shooting back with twin gattlings is
excessive, unreasonable, and irresponsible.  If he had
done the same thing in Union territory, he probably
wouldn't be hung, but he would lose his position and
be on 'probation' if not incarcerated.  Since this is
not Union territory, he gets no special privileges and
will most likely be hung if he returns.  As long as he
remains in Deseret he will be wanted.  Fortunately
this won't carry over to Union or Confederate areas,
so his best option would to go back to where it was
safe.  The bad news his now he'll have to live with
his shame (thinking he killed an innocent) and decide
where to go from there.

-Munch

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