State v. Bius

Swanson, A.C.J.

Charles Michael Bius appeals his conviction of second-degree murder. Bius was the only eyewitness to the events leading to the death of Wallace Carmichael. His version of the facts is as follows: The two previously unacquainted men met in a bar, and Carmichael invited Bius to his house. They drank heavily for some time, and Carmichael eventually made homosexual advances toward Bius. Bius rejected these advances, and Carmichael approached Bius with a knife. Bius took the knife from Carmichael, Carmichael hit Bius twice with his fist, and Bius "felt the knife go in" to…