A follow-up to my post three weeks ago on this case, from The Advocate (Baton Rouge):
A state district judge has ruled two … men may claim they were justified in killing a Clinton man during an alleged drug deal this summer….
District Attorney Sam D’Aquilla argued earlier this month a section of the law dealing with justifiable homicide precludes its use as a defense when a drug deal results in a person’s death.
Ware’s opinion says a homicide is justified in four situations: in self-defense; to prevent a violent or forcible felony; to defend against the threat of unlawful force in a dwelling, business or vehicle; or to defend against unlawful entry into a house, business or vehicle.
Only the fourth reason — the so-called “shoot the burglar/carjacker” provision — is not valid as a defense if a drug transaction is involved, the judge’s ruling said….
Sounds right to me, for reasons I mentioned in the earlier post. The D.A. says that he’ll likely appeal.