Fatal shooting cites 'stand your ground'

COEUR d’ALENE — Prosecutors said a 41-year-old Post Falls man used undue force when he killed another man last weekend with one shot to the chest at point blank range.

Coeur d’Alene Magistrate Judge James Combo ruled Monday that William Carlson’s bond would remain at $100,000 despite a plea from a defense attorney that Carlson acted in self defense when he shot and killed Tyler S. Liles, 24, with one shot from a .38 caliber Taurus handgun.

Deputy prosecutor Stan Mortensen said Carlson retrieved the handgun after Liles showed up at his property at 649 S. Gallatin Road, west of Post Falls, looking for a car.

The 24-year-old made threats at Carlson and two women on the premises when Carlson told him, according to deputies, that he was getting his gun and would “stand his ground.”

Mortensen said that although state law allows citizens to protect themselves against threats of bodily harm, Liles was unarmed and did not overtly threaten Carlson when he was shot at close range.

“The law requires that any force used be reasonable and not in excess of what is apparent … under the circumstances,” Mortensen said. “Just because someone feels threatened or feels that deadly force is necessary does not mean that their feelings are reasonable.”

Mortensen argued Monday in First District Court that Carlson’s fear was unreasonable and that his actions and the degree of force he used were excessive.

“Given the fact Liles was unarmed and made no verbal or physical threat toward Carlson,” he said.

Defense attorney Sean Walsh said his client, who suffers from multiple sclerosis, high blood pressure and high cholesterol, felt threatened and that Liles could have easily pummeled Carlson and repulsed any physical resistance Carlson may have mustered.

“He would have lost any fist fight with the 24-year-old that would have occurred,” Walsh said. “This is a case I’m happy to take to a jury.”

Deputies said Liles showed up at Carlson’s rural residence east of Pleasant View Road, near the Spokane River, around 6:45 p.m. Saturday, yelling about a car that had sped through the neighborhood. Carlson thought Liles accused him of being the driver. A half hour passed and Carlson retrieved a gun and told Liles to leave, but the 24-year-old instead approached Carlson “walking briskly,” and he was shot.

When deputies arrived they found Liles lying on the ground with a towel over his chest. Life-saving measures by deputies were unsuccessful.

Arguing that his client acted reasonably, Walsh asked bond for Carlson be $10,000 or that he be released on his own recognizance.

“Idaho law does not require waiting until this guy takes your gun and kills you and your wife with it,” Walsh said.

Magistrate Combo ordered that the $100,000 bond was sensible despite Carlson’s lack of a criminal record.