Perrin v. Anderson

784 F.2d 1040 (1986)

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Nature of the Case

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Facts

Perrin's (P) decedent rear-ended another car on the highway. After determining that the occupants were unharmed, decedent left the scene and walked home. Two State Troopers, VonSchriltz, and Anderson (D), went to the home. When decedent opened the door, he was behaving erratically. VonSchriltz reached for his gun, and decedent slammed the door. The door bounced open, and decedent attacked D. VonSchriltz and D the unsuccessfully attempted to subdue decedent. Finally, D, who believed he was about to lose consciousness as a result of having been repeatedly kicked in the face and chest by decedent, drew his gun, and without warning, shot and killed decedent. At trial, the court permitted D to introduce the testimony of four State Troopers concerning previous violent encounters with decedent. They testified to decedent's apparent hatred or fear of uniformed officers and his consistently violent response to any contact with them. During one incident three policemen were needed to subdue the decedent, including one 6'2' officer weighing 250 pounds and one 6'6' officer weighing 350 pounds. The purpose of this evidence was to support D's self-defense claim by showing that decedent was the initial aggressor.