14 Year old Stabbed Brother to Death in Self-Defense
Late Wednesday evening a 14 year old teenager stabbed his older brother to death in what appears to have been self-defense.
Brotherly spat
The 14 year old Jacksonville Florida teenager was having an argument with his 15 year old brother when the fight quickly escalated and got out of hand. The 15 year old struck the younger brother over the head with a board after which the 14 year old acted in self-defense, stabbing the older boy in the chest with a knife. The 15 year old later died from his injuries.
Self-defense
When a person kills another to protect themselves from severe harm, it is known as self-defense and can be considered justifiable homicide. Utah Code 76-2-402 states that justifiable homicide is when “A person is justified in using force intended or likely to cause death or serious bodily injury only if the person reasonably believes that force is necessary to prevent death or serious bodily injury to the person or a third person as a result of another person’s imminent use of unlawful force, or to prevent the commission of a forcible felony.”
Factors to consider
76-2-402 additionally points out that if a Utah teenager or adult kills another person in self-defense, there will be several points that need to be verified in order for the killing to be justified such as:
• “the nature of the danger;
• The immediacy of the danger;
• The probability that the unlawful force would result in death or serious bodily injury;
• The other’s prior violent acts or violent propensities; and
• Any patterns of abuse or violence in the parties’ relationship.”
Self-defense or pattern of aggression
While it is believed to have been self-defense, the family of the teen boys involved in the stabbing has a lengthy history of domestic violence calls. This fact along with any behavioral information dug up in the next few weeks by investigators could have an effect on whether or not the 14 year old’s actions are seen as justifiable homicide or murder. When a homicide has taken place due to self-defense, it is always wise to consult with an attorney to help prevent charges from arising later on down the road. For more information on self-defense laws related to teenagers, contact a criminal defense attorney who is experienced in both adult and juvenile cases.
