State v. Ataei-Kachuei

PHILLIPS, Judge.

In regard to the discharging a firearm charge, defendant requested that the court specially instruct the jury as follows:

The defendant would be justified in discharging a firearm into an occupied motor vehicle if in doing so he:

1. had probable cause to believe that the person detained has committed a felony in his presence or was attempting to escape from the commission of a felony with the use of a deadly weapon,

or (sic) “and”

2. attempted to detain the person in a reasonable manner considering the offense involved and the circumstances of the detention.

The denial of this…