Whatever your view of the so-called “castle doctrine” bill passed by the 2009 Montana Legislature, the fact remains that a Billings man who shot his Wal-Mart co-worker in the head at point-blank range has still not been charged with a crime. And the county attorney there blames the recently enacted self-defense law.
To be sure, not everyone agrees with Yellowstone County Attorney Dennis Paxinos’ criticism, and blame, of the legislation for not yet making an arrest in the case. And Rep. Krayton Kerns, R-Laurel, who sponsored it, said House Bill 228 is simply being used as a “political football.” But both opponents and proponents knew this day would come, when the law would face its first legal test and, thus, first public scrutiny. They just probably didn’t think it would happen on a loading dock at Wal-Mart.
It was there that two employees, Craig Schmidt and Danny Lira, got into a verbal dispute over the length of Lira’s work break. The dispute escalated into a scuffle and ended when Schmidt allegedly pulled a .25-caliber semi-automatic handgun and shot Lira in the forehead. Lira was treated for a gunshot wound and Schmidt was allowed to walk free. How the case plays out from here will have a profound effect on whether the 2011 Legislature revisits the issue.
We must first take into to account that many state prosecutors and law enforcement officials never liked this bill. Some of them half-heartedly embraced it when a provision was stripped out of the legislation that would have allowed anyone to carry a weapon in any city without a concealed-weapon permit.
“Through a lot of hard work and compromise, we have a bill that affirms the individual right to keep and bear arms, and protects the men and women serving in law enforcement,” Attorney General Steve Bullock said in April when endorsing the bill.
Paxinos apparently doesn’t share Bullock’s sentiment. He has said that he would have probable cause to arrest Schmidt if not for the castle doctrine, which he claims has “muddied up” this investigation while authorities try to determine whether Schmidt was acting in self-defense.
Ironically, HB 228 was proposed and backed by the National Rifle Association and Montana Shooting Sports Association as a way to “clarify” what gun owners view as gray areas in case law. Mainly, it states that people don’t have to first run away before using a gun in self-defense, and those who do use a weapon in such a situation should not be presumed guilty by police.
It could be argued then that this new law, which enjoyed broad bipartisan support in the Legislature and was signed by Democratic Gov. Brian Schweitzer, is working exactly how it was intended. Before making an arrest, authorities now must determine whether it was reasonable for the 150-pound Schmidt to feel that his life was in danger during a tussle against the 260-pound Lira.
HB 228, Section 9: In a criminal trial, when the defendant has offered evidence of justifiable use of force, the state has the burden of proving beyond a reasonable doubt that the defendant’s actions were not justified.
It certainly wouldn’t seem justified to me for one man to fire a handgun during an altercation at work that, before then, involved only fists. But, whether his motives are based on policy or politics, as of this writing Paxinos hasn’t filed charges. And, if he doesn’t, it would give new meaning to the old saying: “Don’t bring a knife to a gun fight.”
Especially if you work on the loading dock at Wal-Mart.