Mr. Peters has a legal handgun to protect his home against intruders and against the increasing crime in his neighborhood. One night, Takeshi, a 16 year old Japanese exchange student, walks up Mr. Peters’ driveway looking for a party. Takeshi thinks Mr. Peters is hosting the party and begins yelling and waving his arms. Mr. Peters gets scared, retrieves his handgun, and points it at Takeshi while yelling “Freeze!” Takeshi does not understand English and keeps walking toward Mr. Peters. Thinking he is an intruder, Mr. Peters shoots and kills Takeshi at the front steps of his house. Mr. Peters is charged with first-degree muder. Does he have a defense?
