He should be charged

We have to look at the standard for arrest in Louisiana to try to understand why police didn’t charge Ronald Gasser after he fatally shot Joe McKnight. Here, the standard is probable cause, meaning it has to be more than 51% likely that the crime took place and the individual committed it. It’s an extremely low standard. Given that, I find it unusual Gasser was not charged. Louisiana’s “shoot the burglar” law says you have the right to defend yourself if someone’s trying to break into your house or carjack you. But I don’t think it applies, because it doesn’t appear McKnight was trying to carjack Gasser. The state’s “stand your ground” law says a person has no duty to retreat before using force if they fear for their life or are in danger of serious bodily injury. It also says no “finder of fact” will consider the possibility of retreat as a factor in determining whether the use of force was reasonable. To argue “stand your ground,” Gasser would have to establish he was justified in shooting. That would require that McKnight exhibited force. There’s no evidence McKnight had a gun. Witness accounts have been inconsistent. But I believe police found some evidence that stopped them in their tracks. My suspicion is there may be surveillance video from the bridge where the incident began. That video may uphold Gasser’s contention his action was justifiable — but it would have to be pretty substantial evidence. Kevin Boshea is an ex-New Orleans DA who specialized in homicide and sex crime prosecutions.