Right decision, but it bothers me that the case was even prosecuted.
State v. Valdez
Julian Daniel Valdez shot and killed a man who had threatened to kill Valdez's stepbrother, had tackled the stepbrother, and was assaulting the stepbrother as he lay on the ground. At trial, the district court instructed the jury on Valdez's defense-of-others defense by stating that Valdez had "a duty to retreat or avoid the danger if reasonably possible." A Renville County jury found Valdez guilty of second-degree unintentional murder. We conclude that the district court erred by instructing the jury that Valdez's defense-of-others defense is subject to a duty to retreat, which effectively would negate his right to use reasonable force to defend his stepbrother. We also conclude that the error is not harmless. Therefore, we reverse the conviction and remand for a new trial.
