In court paperwork filed in the Hillsborough County Superior Court Attorney, Benjamin Falkner a notice of self-defense.
The paperwork says, “
Defendant John Delee hereby notifies the state that he intends to rely on self-defense, consistent with R.S.A. 627:4 (II)(A) which allows the use of deadly force upon reasonable belief that another person is about to use unlawful, deadly force against the actor.”
In this case, Delee expected the evidence to demonstrate his reasonable belief that the complaining witness was about to use unlawful deadly force against the defendant, according to the court paperwork.
Delee further relies upon R.S.A. 627:4(II-a), “
which provides that a person who responds to a threat which would be considered by a reasonable person as likely to cause serious bodily injury or death to the person or another person making the threat to the person or to another by displaying a firearm or other means of self-defense with the intent to warn away the person making the cheat shall not have committed a criminal act.”
Falkner said Delee expected the evidence to demonstrate he displayed a firearm in order to warn away a person or persons making or having made a threat that a reasonable person would consider as likely to cause serious bodily injury or death to himself. Delee noted, pursuant to R.S.A. 627:4 (III)(A), he had no duty to retreat because, at the time, deadly force was used in self-defense, he had the right to be where he was located. Delee was not the initial aggressor, and assuming arguendo, without conceding, that he had a duty to retreat, he could not retreat to complete safety.
Falkner filed a witness list for the bail hearing and indicated at least three people will be called to testify at the hearing scheduled on F
ebruary 24th at 1:30 p.m.