Does this kid have a shot at a self-defense case?

[mljdeckard]

This kid stabbed another. He had been repeatedly harassed, and called the police prior to this event. I would be interested to see if his defense decided to do a self-defense case.

http://www.ksl.com/?nid=148&sid=12280704

WEST VALLEY CITY -- Her son is charged with murder, and now she's speaking out in his defense.

Guadalupe Hernandez's 16-year-old son, Jonatan Bustos, is charged as an adult in the stabbing death of another teen.


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[Rail Driver]

On the surface it looks like it could be a self defense case, BUT there is always more information needed than can be had from a news report.

I don't see any real link to a 2nd Amendment or RTKBA issue... It seems like just a "gawker" thread. What is the relevance of the story to The High Road?

 

[mljdeckard]

It is relevant in that we are always trying to discern when self-defense is justified, as what point are we crossing the line between justification and murder. That he used a knife makes no difference than if he had used a gun.

 

[Rail Driver]

It is relevant in that we are always trying to discern when self-defense is justified, as what point are we crossing the line between justification and murder. That he used a knife makes no difference than if he had used a gun.

Noted.

This link has a little more information...

http://www.sltrib.com/home/50213311-76/pankow-bustos-ipod-stabbing.html.csp

Bustos also admitted to arguing with Pankow outside the Family Dollar store on Monday, stabbing him twice and running away.

While it seems like something a 16 yr old kid who was in a situation like that and was scared may do, (for that matter a lot of adults may do the same) it could also hurt a self defense case. A prosecutor could argue that his running away is an admission of guilt. Remember, it's not just anything you say that can be held against you, it's anything you say and do.

http://www.deseretnews.com/article/...th-murder-in-stabbing-death-of-classmate.html

Police said the two boys had a recent ongoing disagreement over possession of an iPod and the two reportedly agreed to meet in the Dollar Store parking lot to settle their differences.

This can also hurt his self defense case. Really looks premeditated if he's carrying a knife after agreeing to meet the kid and "settle their differences".

 

[JellyJar]

He said that he just wanted to scare them...

Based on the above quote, if it is true then this could be a disparity of force case. It sounds like he may have been attacked by multiple assailants. If so then with a good lawyer he can win.

Still, we need all the pertinent facts to know for sure.

 

[mljdeckard]

The part that raised my eyebrows was that he called the police immediately prior to the event. (Or so she says. Whether or not this is true will come out in the investigation.) We always say; "Don't stick your neck out. Run away. Call the police. Let them show force. It's not your job." This kid DID. He called the police, and they obviously didn't get there in time, or didn't take it seriously. When we ask (as we are reflecting again in the Campos conviction) "What would a reasonable person have done to avoid this tragedy?" it looks to me like he DID IT.

 

[rainbowbob]

It sounds as though Bustos may have stolen the dead kid's IPod...and then engaged in mutual combat over the theft.

Chance of aquittal may be slim to none.

 

[mljdeckard]

That wouldn't justify them threatening his life, nor would it negate his right to self-defense. Especially if it's too late to matter.

What do YOU think he should have done?

 

[Tommygunn]

Looks Like Bustos was harboring a grudge and got in a fight, then when he found he wasn't doing so well, took out a knife and stabbed the other guy.
No, he does not have a case.
The fight was apparantly mutual. If Bustos had had an ipod stolen, he ought to have reported it to the police. But getting into the fight was dumb dumb dumb dumb dumb DUMB!
The prosecutor will claim he took the knife deliberatly looking to use it on the victim; PREMEDITATION.
Sorry. The kid might have been a "nice" kid everywhere else but he's in deep kimshe.

 

[hso]

It's a news article so there's no way to actually know enough of the facts to say one way or the other.