Commonwealthv. Caudill, 2016-SC-419-DG, to be published.
Wanton Endangerment and
Self-Defense.
Self-protection is not a defense to conduct, to wit: wanton
endangerment, that affects innocent bystanders, even though a defendant may be
privileged to act in self-defense against his target. In this case, the
instructions stated the jury could find Mr. Caudill guilty if they found his
act of shooting a gun at his target was a wanton act placing a named third
party at risk of serious physical injury. The instruction also required the
jury to find Mr. Caudill was not acting in self-defense with regard to the name
third party. The Kentucky Supreme Court found the “not acting in self-defense”
as to the third party portion of the instruction was wrong. However, the Court
found the error was harmless.
Contributed by Euva Blandford
