)"3k

IN Tl{E DJSTRrCT C:(X)l=RT IEJ U IL" LLi"l ""S

SEVENTI{ JUDJC}AL I)'ISal"RTCT
NATRO'NA COtJN'TY, 'WYOiVf}NG IJ MAR a I 21il9 fl-))
THE STATE OF WYOMrNG, ) Arme Vol}n Clerk of D}str{ct Court
) B }!, ! (a y': a C' a=. u i 'i?%? ""( -
VS.
Plaiiitiff, )
) G:o<'% Depubl

) 'i)ocket No. 21230-C

),:
JASON TSOSIE JOHN,
01
)
Defendant. )

ORDER DISMISSING CASE FOLLOWmG w.s. !6?{3ARTNG

TIIIS M?ATTER liaviiig come before this Colll'( ori the l"T day of Febmary 2(ll 9 for a
l:ieai-iiig on t)ie J?)efendant's Motion for Dismissal Pursy.tam to 1%')ioining Statute 6-2-602, iir in the
Alternatisie, Enforcemei'it of W)ioming Statute 6-2-602(f) filed Decen'iber 26" 2018 (iS':otion to
Disn'iiss), the State being represented by Dan Itzcn, District Attorney and Keviii Talieri, ."issistant
District Attorney, and the Defendant, lieing represeuted by Timothy Cotton and Josepl'i
[i'ampton, Assistaiit Public Defenders, and the Court having reviewed the pleadiiigs, the evidence
presented duriiig the ]iearing ot'i tl'ie matter, the arguments of the parties and other'wise being fully
;advised iii the premise, and liaviiig made detailed orat findings during tl'ie hearing - which are
hereby ixicorporated liereixi l)Y refetence - and xi'ialces the following findings;
1. That tl'ie Defenda'i'it was lawfully present in his own home, lie was not the initial
aggressor iii tbis case and lte was not engaged in illegal activity when he was in his hoi'ne.
2. Tliat the Defendant had 110 duty to retreat.
3. Thc Mr. Willow was riot invited into tl"ie lion"ie of the Defendant.

4. Mr. Willow instigated the violei'ice in this case and the violence was contemporaneous
l

Appendix 1
 anrl the risk of serio?is bodily liann oi- adeatli to the Defendaiit or others witliiri his liotne
was considered imminent by the Defendant.
s. Tliis was a very dat'igerous encounter that escalated in mere seconds.
6. Mi': Willow was warned to stay back Liy the Defendaiit, iiistead lie made an ?mla'wful and
highly provocative and violent entry into the Del'eiidant's }ioi'ne and the presun'iptions are
that lie intended to conmiit air unlawfcil act iiivolving force or violence.
7. Tlxere is no indication that there was air act of disengagement on the part of Mr. Willow
once lie started runniiig toward the Defendant.
8. Tlie Defendaiit fired 9 shots from a magazine of 30 r6ut'ids from an AR-15-type rifle, in
rapid succession with no disceriiable brealc iii tl'ie time between those s]'iots.
9. Tliat Defei'idaiit was in his own hoii'ie arid tl'ie body of Mr. Willow was also found in the
home of the Defendaiit.

10. Tliat tl'ie Defendaiit's reasonable arid honest belief that deadly force was neee.ssary to
prevent imminent death or serious bodily injury to l'iimself or another is triggered under
the facts of this case.

11. Tliat tl'ie stahitoi'y presumption of reasoiiableness is implicated because Mr. Willow
unlawfully and forcefully entered the Defendant's home, and that the force tl'iat Was used
by the Defendaiit was iiecessaiy in this case.
12. That the State has not met its burden to establish that probable caiise exists to 6onclude
tltat the Defendaiit's use of force was not statutorily justified and that the Defendant shall
be afforded the protections of Wyoming Statitte § 6-2-602, and lie shall riot be subject to
criminal prosecution iii lhis matter.

2
 IT TS HEi%EBY ORDERET), AD.JUDGED ?f'iNT) l)ECREET) l'l'iat tbe !)c!ci'idaiit sl'iall
t?ie afforded the protections of Wyomii'ig Sta(?ite § 6-2-602.
TT 28 HEREBY FURTH'F,R ORDERED, ADJUDGED ,AND DtlC-RluF,D that the
Deferidaiit's Motion to Dismiss sl'iall be granted and tbe tnatl:er dismissed.
XT IS FURTi-IER OR?DEREI) tl'iat airy boxid tl'iat has been posted tri this matter shall be
discharged.

. "xO
DATEDthis ,i???(2, dayof iyi,-
,-'.,)??
Cd"%rl;:> 'ta - ': '-":l'i-b't'- -,'.S
CATHAR?TNT3 E l%v'i?,K?TNG
DISTR}CT COURal' JUDGE
App'roved as to for-m:
, 'S

Timotl'iy Cottoii Keviii Tahcri

Coiitract Public Defender
Assistaiit District AtLoi'ney

*?Affl O?' WYOMINa. aa(JN'h" @P klMO?rA 88 e:'!FtTlPICATE

I do tietetiy certIfy lbat the mthiri pnd {oauyAr,g is a full lrue and
coirec} copy ol the origir?al documen( vAich is on file or of record
in my of'ace.
?d,am vhe S!4 of said cu this, .&y of

ANNE VOLIN, Clerk of the Disirid Courl, 71n Judicia) Dis(rici

in and for
aY, }i

) C) Deputy