CALDWELL, Idaho — Last year, the Idaho state legislature clarified the 'stand your ground' law, giving citizens the right to protect themselves anywhere they have a right to be and now the defense attorney of the murder suspect in last Friday's shooting at a farm field in Canyon County is using that defense.
Nikki Ramirez-Smith, the defense attorney of 58-year-old Rene Jaramillo Navarrete, says this case is a clear example of 'stand your ground' and stressed that throughout Navarrete's arraignment.
During Navarrete's first court appearance on Monday after being charged with second-degree murder, he talked to the judge through a translator.
Navarrete is a permanent resident of the country. He immigrated to the United States in 1985, then moved to Idaho in 2006. His lawyer also says the handgun used in the shooting was bought legally.
The shooting happened on Friday morning at a farm field west of Caldwell and Navarrete's defense attorney says was in self-defense after the 45-year-old male victim continued to threaten Navarrete.
Ramirez-Smith says Navarrete called his boss to separate him and the victim in order to de-escalate and reduce conflict between the two, but the victim continued to harass him after being separated. She went on to say the man then went to grab something out of his pocket, and that's when Navarrete pulled out his gun and shot the victim.
"It's very important to understand that we all have a right to stand our ground and this is one of the basic tenets of the constitution that you have the right to own a firearm and you have the right to defend yourself with it that's what this case is about," Ramirez-Smith said.
However, Judge James Schiller pointed out that the probable cause for arrest affidavit states that Navarrete continued to shoot at the victim and that the man was ultimately unarmed at the time of the shooting.
Navarrete's defense attorney said in court that if he was a cop that shot someone that reached for something in their pocket, all charges would be dismissed.
"Many individuals say when law-enforcement see someone coming at them and they reach for their pockets and that person pulls out a gun that that is self-defense so I don't see why it's not self-defense for a regular Citizen as well," Ramirez-Smith said.
Bond was set at $1 million after prosecutors requested that amount because of the amount of cash Navarrete had on his person when he was arrested. The defense called the amount excessive.
"I think the million-dollar bail is extremely excessive especially given that this individual has been in the United States for multiple years," Ramirez-Smith said. "He has no reason to leave the United States his entire family is here and under the constitution, we are innocent until proven guilty. This individual should be considered innocent until proven guilty it's obvious that the conflict was escalated. He didn't go out and wait and stalk someone and shoot them in their home he was pursued and he defended himself and as Americans, we have the right to do that."
Ramirez-Smith pointed out during the arraignment that her client has no criminal history, and isn't a flight risk.
Navarrete is due back in court on the morning of July 22.