People v. Couc

439 N.W.2d 354 (1989)

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Nature of the Case

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Facts

Couch (D) was in his office when he heard the car alarm on his car go off. D went to investigate and found a man called Tucker, in his car trying to steal the car's radio. D drew a licensed concealed weapon, walked to the rear of the car, held the gun in the air, and told Tucker to get out of the car and that he would call the police. Tucker got out of the car and then feigned cooperation and lunged at D and D fired a single shot. It hit no one and Tucker began to run away, and D then fired two more shots from a distance of 20-30 feet, and both hit Tucker in the back. Tucker died from the wounds. D then returned to his office and summoned the police. D was charged with manslaughter and possession of a firearm during the commission of a felony. D plead a complete defense of the use of deadly force to arrest a fleeing felon. The trial court allowed the defense and trial was eventually stayed pending the appeal by the prosecution over the use of this defense.