"The West Virginia version does give prosecutorial discretion, in that it has to be 'reasonable and proportional,' " Kessler said. "It's hard to define under each case, but the prosecutor makes the ultimate decision whether to charge or not."
Should the Wheeling pharmacy employee who shot and killed an armed robber in May have been charged with homicide and exposed to a civil suit?
Should the Brooke County store owner who shot and killed an unarmed man in a December break-in have been prosecuted for homicide?
Prosecutors decided against it in both cases.
In two other cases, people who defended themselves faced murder charges that were later dropped.
Do some people overreact in the face of an imminent threat and kill wrongfully?. Probably so.
West Virginia's decision to empower prosecutors to use their best judgment of what is right in each case was a wise approach.
Police can't be everywhere. People have to be able to protect themselves in emergencies.