Family rescues kidnap victim, kills kidnapper….

[ezkl2230]

Bethany Arceneaux was kidnapped by her baby's father while picking up the baby from daycare. Arceneaux had filed a complaint against the baby's father in June because of his abusive behavior, and a restraining order was issued - which he violated in August. The child was evidently left in the mother's car when she was kidnapped, and a good samaritan stepped in to help.

The mother was held by her kidnapper from Wed. until Fri., when the family received a tip about where she was being held and raced to the scene. Apparently the kidnapper began stabbing her when he heard that the family was on its way. They broke down the doors to the abandoned house where Arceneaux was being held, at which time the kidnapper made the mistake of trying to take on a family member who was carrying. It was his last mistake.

At this time, it doesn't appear that the family member who killed the kidnapper will be charged with a crime, but that decision isn't final yet.

Cheney Joseph, JR, a law professor and vice chancellor at LSU (the crime took place in Louisiana) argues that LA's "defense of others" law should apply:

“Private individuals as well as law enforcement officers can rely on the concept of ‘defense of others’ when the other is facing a threat of death or great bodily harm,” Cheney Joseph Jr., law professor and vice chancellor for Academic Affairs at LSU Law Center, wrote Friday in an email response to The Daily Advertiser’s questions.

Joseph referred to two state statutes, La. R.S. 14:20 and 22.

La. R.S. 14:22, the defense of others, states, “It is justifiable to use force or violence or to kill in the defense of another person when it is reasonably apparent that the person attacked could have justifiably used such means himself, and when it is reasonably believed that such intervention is necessary to protect the other person.”

Family members rescue kidnapped victim, kill captor during confrontation

 

[PamilaGephart]

That is really a strange case. Both are convicted of crimes. Tough call.

 

[JimTh]

That is really a strange case. Both are convicted of crimes. Tough call.

Not real sure what you mean by "tough call". No one ever surrenders their right to life or right to have another protect their life nor your duty to protect life regardless of what history they may have. You are conceived with the Right to Life unless you are in an abortion mill of course. It is only a tough call if you believe government bestows those rights to you.