Castle Doctrine case to begin in WI

A Wisconsin murder trial set to start Monday will test the "Castle Doctrine." http://kare11.tv/2uGR0V8

WESTON, Wis. - It was inside a now-empty home in the tiny Wisconsin town of Weston that Jerad Jones shot and killed his brother-in-law, Justin Ogden.

"There's not going to be an argument about what happened. There's going to be an argument about why it happened," said defense attorney Aaron Nelson.

Nelson is defending Jones, who is charged with reckless homicide and could face up to 60 years in prison if convicted.

The shooting happened in December, and from the moment he first spoke with police, Jones claimed self-defense. He told officers he didn't shoot to kill, he shot to stop Ogden, whom he believed was going to attack him or his sister Joanie, Ogden's wife.

"He was threatening to kill her and got pretty detailed about exactly how he was planning to do it. And whether the 4-year-old would be there to watch it," Nelson said.

Wisconsin has a strong self-defense law called the Castle Doctrine, which protects people who use deadly force in their home.

But what makes this case unusual is that both men were living in the house where the shooting happened. 

And the criminal complaint points out that Jones retreated after an earlier fight, but later returned to the home and barricaded himself in a room with his sister, her daughter, and a shotgun. 

Joanie Jones told KARE 11 off-camera on Sunday that she doesn't want her brother to go to jail for killing her husband. She said that wouldn't be justice.

But it will up to a jury to decide whether the shooting was reasonable.

The trial at the Dunn County Courthouse is expected to last a week, with opening statements beginning Monday afternoon.

© 2017 KARE-TV


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