State v. Betts
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The Supreme Court reversed the judgment of the district court dismissing this case on the grounds that state law immunized Whichita Police Officer Dexter Betts's use of deadly force in self-defense, holding that Kan. Stat. Ann. 21-5231(a) does not extend its immunity to a defendant's reckless acts while engaged in self-defense that result in unintended injury to an innocent bystander.
Betts fired two gunshots at a fast-approaching dog he thought was attacking him and instead injured a young girl sitting nearby. After the State charged Betts with reckless aggravated battery Betts moved to dismiss the charge, arguing that state law immunized his use of deadly force in self-defense even if he did act recklessly. The district court decided a defendant can assert self-defense immunity when charged with a recklessness crime. The Supreme Court reversed, holding that the self-defense privilege does not extend to reckless conduct injuring an innocent bystander who was not reasonably perceived as an attacker.
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