A Precedent in Idaho Case Law?

 

The following is related completed from memory. Forgive me if I've screwed up a few details. The passage of twenty years usually results in the loss of a few brain cells and their associated memories.


In the early to mid '70 in the State of Idaho there existed a rather ill-disciplined group of narcotics agents commonly known as "Parks Narcs", because they reported directly to then Idaho Attorney General Anthony Park.

In one of their less brilliant exploits they conducted a drug raid completely under cover. A group of long-haired, hippy-like types who were actually state narcotics agents tried to take down a bunch of long-haired, hippy-like types who were actually drug dealers.

The long-haired, hippy-like types who were actually drug dealers thought they were being jacked by scum like themselves and shot back, critically wounding and paralyzing one of the narcotics agents by the name of -- if my aging brain cells aren't failing me -- Anthony Caldero.

The perpetrator was initially convicted of attempted murder and sentenced accordingly. On appeal, the conviction was reversed, because there was no way he could be expected to know that the long-haired, hippy-like types who were actually state narcotics agents were not of their own kind but (surprise!) police officers.

The moral of the story is that, in Idaho case law, even the lowest of the low have a constitutional right to self-defense, based on how a reasonable person would interpret the unfolding events.


Fast forward to Ruby Ridge in 1992 and let's apply the above precedent to a couple ordinary citizens.

Let's put on some camouflage suits, jungle hats and stocking caps, grab a few automatic rifles and suppressed submachine guns and we're off to ridge. Don't forget the night vision goggles.

Well , it's been a nice hike. Let's throw a couple a couple rocks & wake up the dog.

Hey, that worked, now let's split. Oh, that darned dog & the kid & that other guy are still following us. Time to shoot the dog. Now the kid's shooting back, might as well kill the kid, too. Scratch one kid.

At that point Kevin Harris shot & killed Marshall William Degan in self-defense.


If a drug dealer being attacked by a bunch of long-haired hippy-like types can defend himself, so can Kevin Harris when he's just witnessed his friend and his friend's dog being slaughtered by a thug in a camouflage suit & ski mask.

 

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