A Raleigh County man is accused of shooting his brother.
West Virginia State Police responded to a shots-fired call after receiving reports that a man had shot his brother, as reported by Lootpress, which detailed the allegations in a criminal complaint. When authorities arrived, they found the injured man sitting on a porch; he had fled the residence after the shooting. Troopers detained the other man at the residence without incident, the outlet reported.
Conflicting Accounts Of What Led To The Shot
The two brothers gave investigators very different versions of events, and the complaint as described by the outlet does not resolve which account is accurate. Justin told investigators that his brother repeatedly struck him in the face during the argument, and he said he retrieved a pistol and fired one shot to stop his brother from hitting him. Christopher, for his part, told investigators that Justin struck him with a chair before shooting him, per the same report.
West Virginia’s legal test for self-defense requires more than a claim of being struck: the state Supreme Court says deadly force must be based on the defendant’s actual and reasonable belief that he faced imminent danger of death or serious bodily injury, and that deadly force was necessary to stop it. That standard provides legal context for Justin’s account, but does not resolve which brother’s account is accurate. The court’s explanation of the self-defense standard emphasizes both the defendant’s belief and whether that belief was reasonable.
Justin allegedly admitted to shooting his brother in the abdomen with a .22-caliber pistol, and the account states he told investigators he was approximately two feet from his brother when he fired. The investigating trooper also reported detecting a strong odor of alcohol while speaking with Justin during the encounter, the article notes.
The fact that a shooting allegedly occurred at a home does not by itself settle whether West Virginia’s “castle doctrine” applies. In a case addressing the doctrine, the state Supreme Court described it as applying to an intruder and noted that a co-occupant may raise ordinary self-defense, depending on the evidence. The complaint summary does not establish whether both brothers lived at the residence or what legal defense may be raised. The court’s discussion of the distinction shows why the residence setting alone does not answer the legal question.
Medical Transport
The injured brother was transported by medical helicopter to Charleston General Hospital for treatment.
