State v. Chew
State v. Chew
Opinion of the Court
¶ 1. This case is about Wisconsin's new "castle doctrine" statute, Wis. Stat. § 939.48(lm) (2011-12).
FACTS
¶ 2. Chew lived with his girlfriend, Cheryl Mc-Cranie, at her apartment. McCranie later moved out and moved into her parents' home, where she lived with boyfriend Andrew Lee. Early one morning, McCranie decided to go back to the apartment to get some clothes for her and her son. Lee and another friend, Andreaius Lucas, went with McCranie to the apartment complex. While McCranie went into the apartment, Lee and Lucas first waited in the car, but ultimately went to the apartment door and heard arguing inside. There is conflicting testimony regarding whether they had permission to enter the apartment, but it is undisputed that they did enter and proceeded to attack Chew. While the men were beating him, Chew fired on them with a gun, hitting each man in the leg. The men fled the apartment and ran out into the parking lot, toward the garage.
¶ 3. Prior to trial, Chew requested a jury instruction based on Wis. Stat. § 939.48(lm). The trial court was not convinced that the entry by Lee and Lucas had been unlawful; there was testimony from the preliminary hearing that McCranie had unlocked the door to the apartment. However, at the close of evidence, when Chew renewed his request for the instruction, the court found the statute did not apply because Chew was outside his apartment. Chew also requested, and received, a general self-defense instruction, including the instruction that the jury could consider whether Chew had the opportunity to retreat. The jury rejected Chew's theory of self-defense.
¶ 4. We conclude that the trial court did not err in declining to give an instruction under the statute because Lee and Lucas were not in Chew's dwelling at the time of the shooting in question, but rather had left the actor's apartment and were running away from the apartment complex across an open parking lot.
¶ 5. We decide this case on narrow grounds from the words of the statute itself. See State v. Castillo, 213 Wis. 2d 488, 492, 570 N.W.2d 44 (1997) (appellate court should decide on narrowest possible grounds). The statute requires that "[t]he person against whom the force was used was in the actor's dwelling." Wis. Stat. § 939.48(lm)(ar)2. There was no evidence presented that Lee and Lucas were in Chew's dwelling when Chew fired shots at them from the apartment building doorway. We do not address a number of issues raised by the parties: whether the men unlawfully entered Chew's apartment; whether Chew was in his dwelling when he fired the shots out of the apartment building doorway; or what instruction Chew should have received, had he been entitled to an instruction under the statute. Rather, we decide this case solely on the narrow grounds that the statute does not apply because Lee and Lucas were not in Chew's dwelling at the time of the shooting in question.
Standard of Review
¶ 6. Statutory interpretation is a matter of law; we review the trial court's decision de novo. State v. Williams, 198 Wis. 2d 479, 486, 544 N.W.2d 400 (1996). We start with the language of the statute, and, if it is unambiguous, we apply the statute to the facts. Id. "Whether a statute is ambiguous is a question of law." Petrowsky v. Krause, 223 Wis. 2d 32, 35, 588 N.W.2d 318 (Ct. App. 1998) (citation omitted). We must apply a statute to avoid absurd or unreasonable results. State ex rel. Kalal v. Circuit Court for Dane Cnty., 2004 WI 58, ¶ 46, 271 Wis. 2d 633, 681 N.W.2d 110.
The Castle Doctrine Statute, Wis. Stat. § 939.48(lm)
¶ 8. The Wisconsin legislature enacted the so-called castle doctrine,
(ar) If an actor intentionally used force that was intended or likely to cause death or great bodily harm, the court may not consider whether the actor had an opportunity to flee or retreat before he or she used force and shall presume that the actor reasonably believed that the force was necessary to prevent imminent death or great bodily harm to himself or herself if the actor makes such a claim under sub. (1) and either of the following applies:
1. The person against whom the force was used was in the process of unlawfully and forcibly entering the actor's dwelling, motor vehicle, or place of business, the actor was present in the dwelling, motor vehicle, or place of business, and the actor knew or reasonably believed that an unlawful and forcible entry was occurring.
*375 2. The person against whom the force was used was in the actor's dwelling, motor vehicle, or place of business after unlawfully and forcibly entering it, the actor was present in the dwelling, motor vehicle, or place of business, and the actor knew or reasonably believed that the person had unlawfully and forcibly entered the dwelling, motor vehicle, or place of business.
Sec. 939.48(lm)(ar).
¶ 9. In order for the statute to apply, entitling the defendant to a jury instruction on the castle doctrine defense, the defendant must show "some evidence" that either subdivision 1. or 2. applies. See State v. Peters, 2002 WI App 243, ¶¶ 21-22, 258 Wis. 2d 148, 653 N.W.2d 300 (certain self-defense instruction should be given when there is "some evidence" to support its application). Subdivision 1. applies when the unlawful or forcible entry is ongoing. Subdivision 2. applies when entry has already been made. Chew would potentially get the instruction under subdivision 2., as Lee and Lucas had already entered his apartment (and left) when Chew fired the shots in question. In order to qualify for the instruction under subdivision 2., Chew must present evidence that: Lee and Lucas were in Chew's dwelling, after entering unlawfully and forcibly, while Chew was in his dwelling, and Chew knew or reasonably believed that Lee and Lucas had unlawfully and forcibly entered Chew's dwelling.
"In the Actor's Dwelling"
¶ 11. Under Wis. Stat. § 939.48(lm)(ar)2., the person against whom the force was used must be "in the actor's dwelling." We find it significant that the singular possessive is used here. To possess means "to have and hold as property: have a just right to: be master of: OWN." Webster's Third New International Dictionary 1770 (1993). The statute applies only if the men were in Chew's dwelling.
¶ 12. Wisconsin Stat. § 939.48(lm)(a)l. imports the definition of the actor's dwelling set forth at Wis. Stat. § 895.07(l)(h), which states:
(h) "Dwelling" means any premises or portion of a premises that is used as a home or a place of residence and that part of the lot or site on which the dwelling is situated that is devoted to residential use. "Dwelling" includes other existing structures on the immediate residential premises such as driveways, sidewalks, swimming pools, terraces, patios, fences, porches, garages, and basements.
Key in this definition is the requirement that the part of
¶ 13. At trial Lee testified that he had "run out the main door . . . ran straight towards . . . [the] motel or hotel." Lee was able to make "it around a corner so out of view." Lee confirmed several times during his testimony that he was in the parking lot when Chew fired the shots. Lucas heard gunshots as he ran into the parking lot, "trying to find cover." Chew confirmed that Lee and Lucas had fled into the parking lot, testifying
¶ 14. Our conclusion comports with the rationale behind the castle doctrine. Under the castle doctrine, one who is attacked in his or her own home can use force against the intruder to defend himself or herself. Chew was attacked in his home, this is undisputed. But Chew's use of deadly force at issue here occurred after the attack in Chew's home, when the men who had been in his apartment were fleeing across a parking lot. The castle doctrine does not justify continued use of deadly force against an intruder when that intruder is no longer in the actor's dwelling.
CONCLUSION
¶ 15. The statute requires that "[t]he person against whom the force was used was in the actor's dwelling." Wis. Stat. § 939.48(lm)(ar)2. There was no evidence presented that Lee and Lucas, who were fleeing across a large parking lot, were in Chew's dwelling when Chew fired the shots from the apartment building doorway. We make our decision on these narrow grounds. Because Lee and Lucas were not in Chew's dwelling when Chew fired the shots in question, he was not entitled to an instruction under the castle doctrine statute.
By the Court. — Judgment affirmed.
All references to the Wisconsin Statutes are to the 2011-12 version unless otherwise noted.
Chew's apartment building is next to the Rangeline Inn. Based on our review of an aerial view of the buildings that is in the record, we see that a large parking lot extends between the
We use the commonly-used term "castle doctrine" to refer to the new law, though the Wisconsin Criminal Jury Instructions Committee has aptly noted that the substance of the "castle doctrine" varies from state to state. Wis JI-Criminal 805A, at 2.
We acknowledge that the statute is worded in the past tense, "person against whom the force was used was in the actor's dwelling," Wis. Stat. § 939.48(lm)(ar)2. (emphasis added), and that Lee and Lucas had been in Chew's dwelling. But the statute is written entirely in the past tense and contemplates contemporaneous facts: that those who had entered the dwelling unlawfully and forcibly were in the dwelling at the same time the actor was in the dwelling when the force was used.
This conclusion is underscored by the nature of this parking lot which had Chew's apartment building on one side and the inn on the other. There is no visible demarcation, fence, or gate. The most specific testimony we have about the location of Lee and Lucas as they were fleeing Chew's apartment does not even tell us where in the large parking lot they were when the shots were fired.
Reference
- Full Case Name
- State of Wisconsin, Plaintiff-Respondent v. Charles L. Chew
- Cited By
- 10 cases
- Status
- Published