Robber Claims Self-Defense

Armed robber kills store owner, claims 'self-defense', Bullets fly in gun battle caught on video, 12/5/15, WND

The widow of a Kansas gun-shop owner killed in a violent shootout with four armed robbers in January doesn't mince words when it comes to the issue of guns and the role they play in self-defense.

“The fact of the matter is, society has gotten to the point where we have to defend ourselves," said Becky Bieker to KCTV-TV.

But the very issue of self-defense has now thrown a wrench in the case against the man accused of killing her husband while robbing the Bieker's store in Shawnee, Kansas.

De’Anthony A. Wiley claims he had no choice and was forced to return fire in "self-defense" while trying to flee the ensuing gun battle with the store's owner, Jon Bieker.

Court papers filed on Thursday by Wiley's attorney seek protection by statutory immunity against his felony murder charge, reports WDAF-TV.

Wiley claims after he communicated his intent to surrender, Bieker continued firing upon him and his three accomplices. Court papers say Wiley was shot in the spine and paralyzed, leaving him unable to escape. Wiley's attorney argues because he exhausted reasonable means to escape, he was allowed to use deadly force in self-defense.

Prosecutors say Wiley and his cohorts plotted for several days before entering She's a Pistol, which specializes in providing personal protection items for women.

The men apparently thought Becky Bieker was working alone when they pointed a gun at her and started shouting demands. They punched her, breaking her nose. One of the men jumped over the counter to stuff a backpack with guns. They didn't see Jon Bieker in the back room.

Surveillance video captured the entire gun battle inside the store. As Becky falls to the floor, Jon bursts from the back firing his weapon.

Jon managed to shoot all three of the suspects. One of the injured suspects fled along with the getaway driver.

Wiley remained in the store and continued to exchange gunfire with Jon, who was killed when a bullet pierced his aorta. Becky regained her composure and emptied her weapon into Wiley, critically injuring him.

"Guns are not evil. I would not be able to make this statement if private citizens such as [Jon] and I were banned from owning them. Please respect my husband's memory by refusing to turn this tragedy into a political statement in support of banning firearms," Becky said in a written statement shortly after the shooting.

Prosecutors said Wiley, who has admitted robbing the store, was identified on the surveillance tape as the man who killed Jon. His co-defendants, Hakeem Malik, Londro Patterson and Niquan Midgyett, have pleaded not guilty and will stand trial on charges that include first-degree murder.

Police believe the men were also behind a string of convenience store armed robberies in the area in the weeks before the shootout, reported KCTV-TV.

In July, attorneys for Wiley announced he was willing to plead guilty to murder, but prosecutors rejected the deal. Wiley's defense lawyers responded by filing the bombshell motion that he was "justified in using deadly force" against the Biekers.

The claim reads in part: “… Wiley, withdrew from any physical confrontation with the Biekers and he specifically communicated his intent to surrender to Jon Bieker. Despite that communication, Mr. Bieker continued to advance and/or fire upon the defendant and the codefendants. The defendant was shot in the spine and paralyzed, herefore unable to further escape. As such, the defendant was entitled to use force to protect himself.

“The degree of force used by Jon Bieker and/or Becky Bieker exceed that which was lawfully necessary to protect property and a place of business in the face of the retreating defendants, all of whom were shot in the back. As the use of force by both Jon and Becky Bieker was unlawful, the defendant was justified in using deadly force in defense of himself and/or another.”

Becky has been advised not to talk about Wiley's self-defense claim, but she says she has faith in the justice system.

“It is what it is," she told the TV station. “The truth will prevail, and the evidence will show what happened that day." None of the four assailants is eligible for the death penalty under Kansas law.

It takes a certain arrogance to pick up a gun and rob someone of what they have worked so hard to earn.

But the arrogance of this crook who killed his victim has gone into overdrive, thanks to the lawyer who has invented perhaps the most twisted murder defense of 2015.

http://www.wnd.com/2015/12/armed-robber-kills-store-owner-claims-self-defense/