Commonwealth v. Fowlin

I respectfully dissent to the majority’s conclusion that a person who acts recklessly in exercising his right to self-defense may not be held criminally liable for injuries inflicted on an innocent bystander. I do not believe that a successful claim of self-defense negates the element of recklessness with respect to persons other than the attacker. Accordingly, even though I agree that appellant was justified in defending himself against his attackers, the issue of whether or not he acted recklessly towards an innocent bystander was a question of fact that should have gone to the jury.

The…