State v. Callahan

This case requires us to decide whether a defendant who intentionally displayed a gun, but claimed that it fired accidentally, is entitled to a self- defense instruction. We hold that a self-defense instruction is appropriate where there is evidence that the defendant had a reasonable fear of the victim, intentionally pointed the gun at the victim, used a reasonable amount of force, and was not the aggressor. Because the trial court refused to instruct on self-defense, we reverse.

FACTS

On an evening in late January 1995, Shawn Michael Callahan was driving to work at the local Weyerhaeuser…