Self defense but opened case as murder
Hi there, I short and killed a man who was mugging me while I was in my car, he pepper sprayed me and preceded into breaking into my vehicle. Blinded, I pulled the gun and shot him. It has been over a year and the case is pending. No arrest no response. They opened the case as murder. They confiscated my firearm. I’m now defenceless and unable to protect myself and my family should anything happen. I spoke to the detective and the colonel. Nothing. Please advise on how to at least get my firearm back. Thanks
Hello. On your facts you do have a good case of private defense ( self defense ). Most probably the case has been referred to the Director of Public Prosecutions Office in the province to make a decision whether to prosecute or not. Please check with the investigation officer of the case as to its status. The firearm exhibit can only be returned to you when there is a decision ” not to prosecute” i.e: (Nolle Prosequi) or after the conclusion of the case, and you are get acquitted. Otherwise it is still part of the State’s evidence. In conclusion please follow up on what the state intends to do, with your lawyer if necessary.
Hi. The state must be sure tbat you did not overstep the bounds if self defense. E.g you cant kill a peron who just want to rob your watch and he does not want ti kill you. Pepper spray dont kill. Need more facts