Here is another newspaper report on this case, that goes more into why the DA decided to prosecute:
http://www.kare11.com/news/ts_articl...storyid=510781
Apparently the DA must feel that Huggett was somewhat responsible for provoking the attack. He did insult and belittle the man pretty bad. He obviously was trying to humiliate him.
Still, it was Peach who broke into Huggett's home, so this really does not seem right. After all, how was Huggett to know whether Peach was armed or not?? Do you stop and ask the person who has just broken into your dark home at night whether they have a gun on them??
Making that comment about Peach's son was pretty low of Huggett. He should never had said anything like that. It certainly will not win him any points with a jury.
To me, though, I'm doubtful that this will pass the beyond reasonable doubt test. For I think that it would be reasonable to think that Huggett could well have felt in fear of his life under these circumstances.
Wisconsin has become a pretty liberal state. Efforts to pass a "shall issue" CCW law there have failed in recent years. Wisconsin is one of only 2 states with no CCW program of any kind at all. Heck, Wisconsin is even one of only 7 states where even Tasers are outlawed!!
In light of that, Wisconsin's laws regarding use of deadly force may well be more restrictive than in states that we live in. It is really important to know the law in your state regarding the use of firearms.
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