Joe owned a small bar in San Francisco. A robber came into the bar. The robber demanded that Joe open the cash register and hand him the cash. At the time, the robber had his hands in his coat pocket as if he was holding a gun
Instead of following the demands of the robber, Joe pulled a small pistol from under the counter and shot at the robber. He missed. The robber then killed Joe. The robber had previously robbed at least five other bars with no injuries involved. Would Wolfgang consider this homicide a victim participated homicide? Justify your answer.
Probably not. Even though Joe was the first to exhibit a weapon, he could have assumed that the robber had one in his pocket. In addition, there was no evidence that the two had a prior relationship and that alcohol was present (other than what was for sale to customers).
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