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Kuntz v. Thirteenth Judicial District Court | 995 P.2d 951 (2000)

Under some circumstances, a person is justified in using force to escape an attacker. But if a person injures an attacker while fighting him off, does the person have an obligation to summon help? That’s the question in Kuntz versus Thirteenth Judicial District Court.

Bonnie Kuntz and Warren Becker had lived together for six years in a troubled relationship. One night after an argument, Becker attacked Kuntz.

Kuntz couldn’t remember clearly what happened next. Kuntz recalled that she pushed Becker away and went outside. When she thought it was safe, she returned and discovered Becker lying face down on the porch. Kuntz rolled Becker over, but he didn’t respond.

Kuntz drove to a friend’s home and called her mother. A relative who lived nearby summoned police and paramedics to Kuntz’s home. Becker died from a stab wound in his chest.

Kuntz was charged with negligent homicide. She admitted to killing Becker but pleaded not guilty, asserting that her use of force had been justifiable. The state later filed an amended charge, alleging that Kuntz had caused Becker’s death both by stabbing him and by failing to call for medical assistance. Kuntz moved to strike the allegation that her failure to summon medical assistance constituted negligent homicide.

The trial court denied Kuntz’s motion. Kuntz petitioned for review by the Montana Supreme Court, and the state concurred. The Montana Supreme Court granted review.

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