My brother was murdered and defendant claimed self defense and got off in California.

Question

my brother was a victim of a murder and the defendant is claiming self-defense. My bro had no weapon however he was larger than the defendant but defendant had 2 friends in the room with him.  he had stabbed my brother in the heart resulting in my brother losing his life. My bro said the defendant had made threats , my brother removed all the knives in the home, he also attempted to stab my bro, but end up nicking his friend on accident. My bro kicked the defendant out.  the defendant got mad and filed a report against him for assault. He returned telling my bro he can move back in because “he got mail there”.. The defendant purchased three knives that night to “cook”. 2 days later my bro ends up dead! Was excessive force permitted after a fight occurred 2 weeks prior, the defendant had no evidence that he had been attacked by my brother and admittedly told  police that my brother did not have a weapon. His friends could have intervened giving him an opportunity to retreat?

James L. Arrasmith · Answer

I'm so sorry for your loss. This is a tragic and heartbreaking situation.  
 
Under California law, the key factor in determining whether a homicide was justifiable self-defense is whether the defendant reasonably believed they were in imminent danger of being killed or suffering great bodily injury, and that the immediate use of deadly force was necessary to defend against that danger. 
 
Some important points regarding your brother's case: 
 
1. Disparity in size alone is not enough to justify lethal force in self-defense. The defendant must prove they reasonably feared for their life or of great bodily harm. 
 
2. If the defendant had an opportunity to safely retreat but chose not to, that could undermine a self-defense claim. "Stand your ground" laws are limited in CA. 
 
3. Using lethal force in response to a fight that occurred 2 weeks prior would not qualify as imminent threat justifying self-defense. There must be an immediate threat in the moment.  
 
4. If the defendant's friends were present and could have intervened, that also raises questions about the necessity of using lethal force. 
 
5. The defendant purchasing knives shortly before the incident could be used to argue the killing was premeditated rather than self-defense. 
 
6. Your brother being unarmed weighs against the reasonableness of using deadly force. Excessive force beyond what's necessary to stop the threat is not permitted. 
 
Ultimately, the specific details and evidence of the case are crucial. I would advise discussing this with an experienced criminal defense attorney who can evaluate the facts and evidence more thoroughly. There may be grounds to challenge the self-defense claim based on what you described. 
 
Again, I am so terribly sorry you are going through this. Please don't hesitate to reach out for support and legal guidance during this difficult time. My deepest condolences to you and your family.

Q: My brother was murdered and defendant claimed self defense and got off in California.