Fifty-six-year-old (56) Mitchell Fickes died on Saturday evening as a result of a traffic altercation that occurred in Gilbert at the San Tan Village Shopping Center at Williams Field Road and Market Street. According to Gilbert Police, Mr. Fickes was shot by a twenty-three-year-old (23) man, whose name has not yet been released. After the shooting, Mr. Fickes was transported to a hospital in Scottsdale where he was pronounced dead. Gilbert police said that the twenty-three-year-old (23) man was released at the scene pending an investigation. The case will be sent to the Maricopa County Attorney’s Office for review, but for now, it is being treated as self-defense.
According to Arizona Revised Statute § 13-404, “a person is justified in threatening or using physical force against another when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the other’s use or attempted use of unlawful physical force.” Under Arizona law, a person is only justified in using deadly physical force against another person to protect himself against the other person’s use of deadly physical force. Therefore, a person will not be justified for exerting deadly physical force against, for example, verbal provocation alone.
If you are facing charges for a crime of which you believe you were acting in self-defense, contact the Phoenix criminal defense attorneys at the Phoenix criminal defense law office Oracle Law Group