P. v. Benson CA2/2
Aaron Daniel Benson (defendant) drove his truck through the side of an elderly woman’s house, killing her. A jury convicted him of second degree murder and gross vehicular manslaughter. On appeal, he argues that the trial court erred in refusing to instruct the jury on the defenses of imminent peril and necessity after he testified that he drove while drunk to get away from another man who had grabbed his buttocks. Because defendant had other options available for removing himself from the situation, but opted not to pursue them because he did not “want to be rude,” the court did not err in declining to instruct on those defenses. Accordingly, we affirm his conviction.
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