State v. Riley

(concurring) — The trial court properly instructed the jury by giving the “aggressor instruction,” WPIC 16.04, along with instructions on self-defense, because the jury had to decide between competing stories of who instigated the conflict, and because there is evidence supporting the view the defendant started the conflict. 11 Washington Pattern Jury Instructions: Criminal (2d ed. 1994). I write separately to take issue with the majority’s assertion that words alone can never support the giving of an aggressor instruction.

Riley belatedly raises a First Amendment argument in this case…