Wyoming’s “Stand Your Ground” law says you don’t have to run from a confrontation before defending yourself. That is what Rihanna Kelver and her counsel are asking a Laramie judge to consider as they seek protection from prosecution in a felony case stemming from a confrontation outside the Crowbar.
You can retreat and still defend yourself.
She didn’t retreat. She approached the group with her hand on her hip where a gun would be. One guy in the group then shoved her out of the way as they were leaving. Then she pulled the gun
This makes the Stand Your Ground defense shaky. They weren’t an active threat before she intentionally put herself in a situation where they could be.
She should have just kept walking or stated on the other side of the road at least, then pulled the gun if they approached her.
Not in the legal sense those words are used. In a “duty to retreat” state you must attempt to retreat if one is available and reasonable before you can attempt to defend yourself. That means you can’t back pedal and shoot someone.
There’s no duty to retreat in Wyoming. The problem is she approached them after they insulted her, which isn’t protected by Stand Your Ground.
And her version she claims she was trying to understand what they were saying. It’s perfectly reasonable if someone is obviously yelling something towards you and you can’t understand it that you get closer. Closing the distance to talk to someone isn’t being the initial aggressor. If this goes to trial, that will be something for a jury to decide. We don’t really get to do that here.
Her version also claims she pulled a non-existent knife instead of a gun. She hasn’t done her credibility any favors here. Witnesses say she approached with her hand at her hip as if she was ready to draw a gun.