TOPEKA, Kan. (WIBW) — In late May, Kiren Lashawn Green sought immunity from prosecution in the shooting of a man Green contended was menacing him outside a Topeka bar.
On Wednesday, a Shawnee County District Court judge eliminated self-defense as an immunity from prosecuting Green
Had District Court Judge granted self-defense as an immunity in the shooting, the case would have ended with the judge’s ruling.
However, Green can claim he acted in self-defense when he is tried before a district court jury, the judge said.
During a hearing on May 29, Green testified Buddy Meyers had menaced him outside a west Topeka bar, prompting Green to shoot Meyers three times when Meyers continued to advance at Green.
Green, 27, contended he was the victim, not the attacker, when he shot Meyers. Green said he acted in self-defense.
The shooting occurred early on March 9 outside the 20s West bar, 901 S.W. Fairlawn Road.
During the incident in a parking lot, Green testified Meyers blocked Green’s way to a friend’s vehicle that Green apparently hoped to get a ride in. When Green turned around, Meyers was behind him, had his fists up and kept coming toward Green, Green testified.
Green said he felt threatened by Meyers, who was blocking his path, and at some point, Green pulled a pistol he carried when walking to and from work in west Topeka and his homes in East Topeka and southeast Topeka.
After the shooting of Meyers, Green left the area, got rid of the pistol, and police found him in a cemetery.
A defendant can file a pre-trial motion seeking to dismiss a criminal charge when it appears the accused person acted in self-defense and used the force needed to defend himself.
The judge said the issue is whether the state has met its burden to establish that Green’s use of force was not justified.
“I believe the state has met the burden and there is no statutory justification” for this use of force, Braun said, adding it was hard to believe shooting victim was physically aggressive to Green.