New Bill Could Stick Wyoming Counties With the Bill in Self-Defense Killings

The original story by Mark Heinz for Cowboy State Daily.

If a Wyoming resident kills someone, claims self-defense, gets charged with murder – and then walks free – the county that brought the case could end up paying the tab.

That’s the idea behind House Bill 14, now before the Wyoming Legislature. Under the proposal, counties would be required to reimburse defendants for legal fees, bail costs, lost time and other expenses if they’re cleared after being prosecuted for a killing ruled to be self-defense.

And that bill could be steep.

“In some cases, you’re looking at close to a million dollars,” said Casper attorney Ryan Semerad, who has defended both civilians and law enforcement officers in self-defense cases.

Supporters say HB 14 is meant to protect people who legitimately defend themselves — and to make prosecutors think twice before filing homicide charges.

“It’s a strong message,” Semerad said. “It tells prosecutors, ‘You’d better get it right.'”

Similar laws exist in other states and are designed to rein in overzealous or politically motivated prosecutions, said Mark Jones of Buffalo, a national director for Gun Owners of America. The organization supports the bill and worked on it with its sponsor, Rep. Gary Brown, R-Cheyenne.

Brown did not respond to requests for comment Tuesday.

The bill’s language is blunt: if someone is charged or prosecuted and later cleared, the county must reimburse “all reasonable costs,” including attorney fees, bail, lost wages and even expungement costs.

Wyoming law allows the use of deadly force to prevent imminent death or serious bodily harm, and the state has no duty to retreat – making it a stand-your-ground state.

Jones said HB 14 fits squarely with Wyoming’s gun-friendly culture.

“If this passes, the Legislature is saying, ‘We mean it when we say you have the right to defend yourself,'” Semerad added.

He noted that Wyoming prosecutors are generally careful and don’t usually pursue murder charges in clear-cut self-defense cases.

“I think our prosecutors do a good job separating the wheat from the chaff,” he said.

Still, he called the bill a noticeable shift.

“My reaction was, ‘Wow,'” he said.

The costs HB 14 could trigger aren’t theoretical.

Semerad said bail alone in second-degree murder cases can range from $258,000 to $1 million, and $500,000 to $2 million in first-degree murder cases. While bail money is usually returned, defendants often still pay thousands to bond agents upfront.

Attorney fees are another matter.

“In homicide cases, legal fees can easily climb into the high five or six figures,” Semerad said.

Supporters argue that’s exactly the point: to protect people from being financially ruined by cases that never should have been brought.

In less gun-friendly states, Jones said, prosecutors have dragged self-defense cases out for years, costing defendants tens or even hundreds of thousands of dollars – only to lose at trial.

“That’s what this is meant to stop,” he said. “It’s not about letting criminals walk.”

One concern is whether the bill could complicate negotiations between prosecutors and defense attorneys. Semerad doesn’t think so.

Even if HB 14 passes, he said prosecutors could still ask defendants to waive reimbursement as part of a plea or dismissal agreement.

More than anything, he said, the bill may shatter some myths about self-defense shootings.

People sometimes imagine those situations as heroic or clean, he said. In reality, even justified killings leave lasting damage.

“It’s chaotic. It’s sobering. It changes people,” Semerad said. “Nobody wants to be in those shoes.”