Cops and Courts

House Bill 228, also known as the “castle doctrine,” has played a significant role in the case of Allen Metzger.

Metzger maintained he acted in self-defense in the Aug. 16, 2009, slaying of James Finch in the men’s room of a Ronan bar. He was originally charged with deliberate homicide, but changed his plea Monday from “not guilty” to “no contest,” and prosecutors agreed to a reduced charge of negligent homicide.

Assuming a judge accepts the plea agreement, Metzger will serve no further jail time for the stabbing death.

The following is from Missoulian reporter Vince Devlin’s story on the change-of-plea hearing:

Lake County Attorney Mitch Young said he had to play the hand dealt to him by the last Montana Legislature, which changed the rules governing self-defense cases.

Previously, defendants claiming they acted in self-defense had to prove they did so. The new law shifted the burden of proof to the state, which must now prove a defendant did not act in self-defense in order to obtain a conviction.

“When you have two witnesses, and one of them dies, it’s difficult to show what happened,” Young said.

It will be interesting to see whether defendants in other deliberate homicide cases assert an affirmative defense now that the burden has shifted.

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