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Posted: 5:35 p.m. Tuesday, July 17, 2012
By Staff
In light of Saturday's double murder at a midtown Tulsa store that included the death of an innocent bystander, we raised the question about defending yourself.
KRMG wanted to know what Oklahoma's law would have to say if a fourth person in that situation pulled a gun and fired back at the suspect.
We understand Scott Norman, the intended target, was ambushed in the parking lot and shot.
A stray bullet went inside Best Buy and hit Wes Brown who was shopping with his daughter.
Tulsa Attorney Jack Zanerhaft tells KRMG answering the question of whether a citizen could have fired at the suspect and the shooting ruled justified is not simple.
In fact, he says the law makes coming to a conclusion pretty complex.
"The law is so clear about having to analyze and put under the microscope the specific facts: What was reasonable fear, what was reasonable action, was it justified within the definitions of the law, the distance, the time of day or night,” says Zanerhaft.
He tells us the big question rests on whether a reasonable person was in fear for their life.
"The state of mind of the citizen shooter with the concealed weapon or the carry concealed permit- what was going through his or her own mind and would have a reasonable person believed the same thing justifying the use of force,” says Zanerhaft.
Still we've seen cases in Tulsa County where a person claimed he or she acted in self-defense and then faced criminal charges and a jury.
Zanerhaft adds each situation is considered on a case-by-case basis.
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