Murder by a Federal Prisoner — self-defense

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U.S. Court of Appeals for the 7th Circuit

Criminal

Murder by a Federal Prisoner — self-defense

Even if the victim was the aggressor in a confrontation between prisoners, where the victim was unconscious when the defendant killed him, the district court properly refused to instruct the jury on self-defense.

“In short, even accepting that Running Bear was the initial aggressor, there is no evidence that he posed an imminent threat when White Feather cut him open with the razor or that alternatives to this use of deadly force were unavailable. White Feather killed Running Bear slowly, deliberately, and savagely, while his victim was unconscious and posing no imminent threat, and in the presence of reasonable legal alternatives to the use of deadly force. Because no evidence supports White Feather’s claim of self-defense, the district court properly refused to instruct the jury on the defense.”

Affirmed.

13-2725 U.S. v. White Feather

Appeal from the United States District Court for the Southern District of Illinois, Gilbert, J., Sykes, J.