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The Right To Defend Property Prevails

On May 8, 2015, a Clark County District Court jury found my client not guilty of assaulting the mother of his two children. The jury heard testimony from the alleged victim, who stated she went over to my client’s home to drop off their 2-year-old twins for a visit. The alleged victim did not live at the home. Her name had never been on the lease. Once inside the home, the alleged victim began arguing with my client and accusing him of not properly watching the children. My client asked the alleged victim numerous times to leave his home. She refused.

The alleged victim continued arguing with my client and calling him foul names. He again asked her to leave, and she refused. Because the alleged victim refused to leave, my client stood up and began pushing her out of his home. The alleged victim struggled to get past him, but my client continued to push her towards the door.

Once outside, the alleged victim called 911 and claimed she had been assaulted.

Under the laws of the state of Washington, a person has a clearly established right to use reasonable force against another person in order to defend their real or personal property. In this case, my client pushed the mother of his children out of his home in order to protect his property.

At trial, there was no dispute about the facts of the case. My client took the stand and testified that he pushed her to get her to leave his home. Thus, jurors were not tasked with parsing out which facts were true and which were false. Jurors were only tasked with interpreting the law of the state of Washington, and determining whether the force used by our client was reasonable and lawful.

In the end, jurors determined that our client had every right to defend his home. Our client’s decision to push the alleged victim out of his home was reasonable in light of the circumstances.  In doing so, jurors fortified the well-founded legal right to use force in order to defend real or personal property.

Jeffrey D. Barrar, P.S.: Vancouver Defenders Jeffrey D. Barrar, P.S.
Vancouver Defenders