State v. Bernard.
See also State v. Laurent L'Heureux
Additionally, the defense is "not available to justify unlawful conduct when lawful alternatives exist which will cause less, if any, harm." Id.
Problem is that Floyd -- according to his own son -- made a bad situation worse by starting to shoot at Liko before Liko ever ran McKay over, and he didn't speak to Liko AT ALL before he shot the windshield or before he shot through Caleb Macaulay's fully-raised window.
Moreover, once the defendant has established the availability of the defense, the State has the burden to prove beyond a reasonable doubt that the harm produced by violation of the statute "was not conduct believed by the defendant to be necessary to avoid harm to himself or another, where the harm perceived outweighs the harm sought to be prevented by the statute."
The problem is that Floyd never even stood trial for murdering Liko Kenney. Kelly's actions arguably constitute a Due Process violation because she usurped the function of a duly-empaneled trier of fact and arbiter of law that could have found that Floyd could not avail himself of the Defense because he was just a deranged fool looking for someone to kill. His own son at pdf page 745 said that Liko had not struck McKay with his car until AFTER his daddy shot at Liko and struck his car, a salient FACT that Defendant Ayotte tried to ignore.
After all, he never "killed 43 people" in Vietnam as he claimed during his investigation because he never left American Soil, as noted in the Jeffery Strelzin go-to-hell post, which commenced in this Littleton Courier Strelzin post. But he sure as hell killed Liko, murdered him in my opinion, as he sat in his car, blinded by OC Spray with a jammed gun and Floyd never spoke to him prior to shooting through Caleb Macaulay's closed window. All of this is documented right here in the windshield bullet post.
Note further that in the smaller JPEG, the annotated email from Defendant Ayotte to Attorney X, she says "McKay never even had his hand on his gun" prior to Liko shooting him, but there is absolutely no way for her to prove this, and Floyd said he retrieved McKay's gun from the street, so he obviously cleared leather at some point. The question is did Liko see that bully reach for his gun as soon as he walked out of camera range -- after OC Spraying him without a command or directive, which violates every police procedure known to man. He also apparently turned his GPS Communicator off for some reason, which isn't exactly kosher either.
Related post: I was hip to Floyd's lies way back when, on 2 June.
Related post: Defendant Ayotte lied to a major Civil Rights lawyer, Attorney X.
Related post: Small wonder that Defendant Ayotte and her merry band of pranksters lost the Maura Murray Right-to-Know case exactly one year ago. KingCast and the Franconia Collective are here to see to it that history repeats itself.
More research to follow after I have another chat with Mr. Westlaw.