Self Defense or Second Degree Murder?

Innocent or guilty

When does self defense become murder?

Today, we are looking at a story where the defendant is claiming self-defense. Others believe that it is a case of second degree murder. There are cases when the defendant’s story and evidence do not appear to quite coincide. This case may be one of them.

A retired officer of the Royal Canadian Mounted Police, Keith Wiens, is facing second-degree murder charges stemming from the August 2011 shooting of his common-law wife, Lynn Kalmring. The incident took place in the gated community of Sandbridge in Penticton, British Columbia. Here is what the Huffington Post reported on the story:

In court Thursday, Wiens testified that he shot Kalmring in the face in self-defense after a lost bet over a Nintendo Wii game escalated into a violent domestic dispute.”

According to reports, there had been a sexual wager on the video game. Wiens lost and soon went to bed. Wiens stated to police that he awoke to Kalmring beating him in his sleep and accusing him of not finding her attractive. Next, Wiens reports that Kalmring got a knife from the kitchen and that is when he shot her only two feet away. The bullet hit her under her left eye.

Forensic reports seem to disagree with Wiens. The forensic pathologist reported that if she had come at Wiens with a knife she would have dropped it when she was shot. Instead, the forensic pathologist believes it was placed in her hand after she was shot.

If she were to fall with something in her hand, she’d drop it,” Dr. William Currie told the told the court July 9. “It looked to me it had been staged and the knife had been placed in her hand after she died. Currie also suggested that Kalmring had been turned over, based on his examination of the victim’s body.

At this point, it looks like Wiens is in the hands of the jury. What do you think? Do you believe it was a case of self defense or second degree murder?