State v. Simon

646 P.2d 1119 (1982)

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Nature of the Case

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Facts

D is an elderly homeowner and Steffen Wong, a young man of Oriental extraction, rented half of the duplex next door. D assumed that Wong, being Oriental, was an expert in the martial arts. D was afraid of Steffen Wong, and heated words had been exchanged between the two. On May 27, 1981, Mr. Wong was fired upon as he attempted to enter his own duplex. Shortly thereafter Rickey and Brenda Douglas, the residents of the other half of the duplex, pulled into their driveway and were fired upon by D. Police officers arrived a few minutes later and D fired a number of shots at the officers who had previously identified themselves. Defendant was charged with two counts of aggravated assault. D testified as to his general fear of Mr. Wong and that Mr. Wong had walked toward him cursing just before the incident started. The defense called a clinical psychologist who testified defendant was a 'psychological invalid' who was very tense and fearful. The psychologist stated D's mental condition permitted him to 'misjudge reality' and see himself under attack. The tentative diagnosis was 'anxiety neurosis.' The judge instructed the jury: 'A person is justified in the use of force to defend himself against an aggressor's imminent use of unlawful force to the extent it appears reasonable to him under the circumstances then existing.' The jury acquitted D on both counts. P appealed.