Question juridique clé
Whether the shooting was justified by self-defense or putative self-defense.
Solution extraite
No self-defense situation existed, objectively or subjectively, because the victim did not launch or imminently threaten an attack and the defendant opened fire without warning.
Motifs extraits
The court accepted the lower court's facts and held that mere presence, a hand movement, or the absence of the sister did not amount to an imminent attack. The defendant did not see a weapon used against him and could not reasonably assume an attack.