A Walmart employee who shot a co-worker in the head on a loading dock while at the store is released. The County Prosecutor said that 49 year old Craig Schmidt acted lawfully under the Montana’s “Castle Law” Doctrine. Under that law, a person has a natural right to use firearms in self defense, and doesn’t have to call 911 before using what is considered justifiable force.
Schmidt was facing charges of assault with the firearm, but the law's existence required that the police investigate further to see if Schmidt believed his life was in danger. That further investigation showed that Schmidt was within his rights in drawing and firing the firearm.
Schmidt and 32 year old Daniel Lara got into an argument about Lara taking an extended break. Schmidt bumped Lara’s shoulder. Mr. Lara took that as a beginning of a fight and started attacking him.
Schmidt was shoved around and punched by Lara. Lara also hit Schmidt extremely hard twice in the head. As the hitting and shoving of Schmidt continued, Schmidt was pushed down and fell on a metal rack. Schmidt feared that the next blow would seriously injure him, so he drew his sidearm and fired. Schmidt said that he couldn’t retreat any further, and was almost on his back. He believed he was in store for a severe beating.
His .25 caliber round hit Lara’s forehead, but didn’t penetrate his skull. Witnesses called Lara the aggressor, and the medical reports showed that Schmidt had serious injuries from being continually hit by Lara.
Also, Schmidt was 6’2’ and weighed 145 pounds as opposed to Lara being 5’10” and 260 pounds. The prosecutor didn’t believe a jury would convict Schmidt.
Schmidt was facing charges of assault with the firearm, but the law's existence required that the police investigate further to see if Schmidt believed his life was in danger. That further investigation showed that Schmidt was within his rights in drawing and firing the firearm.
Schmidt and 32 year old Daniel Lara got into an argument about Lara taking an extended break. Schmidt bumped Lara’s shoulder. Mr. Lara took that as a beginning of a fight and started attacking him.
Schmidt was shoved around and punched by Lara. Lara also hit Schmidt extremely hard twice in the head. As the hitting and shoving of Schmidt continued, Schmidt was pushed down and fell on a metal rack. Schmidt feared that the next blow would seriously injure him, so he drew his sidearm and fired. Schmidt said that he couldn’t retreat any further, and was almost on his back. He believed he was in store for a severe beating.
His .25 caliber round hit Lara’s forehead, but didn’t penetrate his skull. Witnesses called Lara the aggressor, and the medical reports showed that Schmidt had serious injuries from being continually hit by Lara.
Also, Schmidt was 6’2’ and weighed 145 pounds as opposed to Lara being 5’10” and 260 pounds. The prosecutor didn’t believe a jury would convict Schmidt.
