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Wilk: Self defense not available when defendant had reason to know law enforcement was entering his home

By Tim Cone

In U.S. v. Wilk, No. 07-14176 (June 29, 2009), the Court affirmed the conviction and sentence of a defendant charged with killing a state law enforcement officer assisting in a federal investigation.Law enforcement officers, suspecting Wilk of possession of impeding a federal investigation, forcibly entered Wilk?s home. Wilk shot and killed one officer. His defense at trial was that he feared being attacked because he previously been a victim of anti-gay vandalism, suffered from neurological disorders, and he acted in self-defense.The Court rejected Wilk?s challenge to the exclusion of evidence that the victim was on steroids at the time of the shooting. The Court agreed with the district court that this fact was ultimately irrelevant. The Court reached the same conclusion with respect to the exclusion of evidence that the police failed to follow proper police procedure during entry into Wilk?s residence, noting that the self-defense claim rested on Wilk?s state of mind, not the officer?s procedures...continue to full post

Full post as published by Defense Newsletter Blog on July 01, 2009 (boomark / email).