She's a Pistol shooter claims self-defense - KCTV5

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She's a Pistol shooter claims self-defense

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JOHNSON COUNTY, KS (KCTV) -

One of the men accused of murdering a Shawnee gun shop owner said he had no choice but to shoot.

Four young men face murder charges for the deadly robbery attempt at She’s a Pistol. Becky Bieker lost her husband in the violent Jan. 9 shootout with armed gunmen.

Thursday, lawyers for De’Anthony A. Wiley insisted his involvement wasn’t murder, but self-defense.

Friday Wiley made a brief court appearance.

The last 11 months for Bieker have been emotional, stressful and challenging. They've made her more determined than ever before to stress the importance of self-defense to as many people as she can.

“The fact of the matter is society has gotten to the point where we have to defend ourselves," she said.

But the issue of self-defense has come up in a shocking twist in the case against the man accused of killing her husband Jon.

Prosecutors say four men plotted to rob She's a Pistol. Bieker owned the store with her husband. He was in back when the robbers came in and made demands.

Bieker was hit and knocked unconscious. Jon got into a shootout with the gunmen.

Prosecutors said Wiley was captured on video as the person who killed Jon.

In July attorneys for Wiley announced he was willing to plead guilty to murder, but prosecutors rejected the deal.

Now, Wiley's defense lawyers filed the bombshell motion calling the killing of Jon Bieker self-defense.

The basis for the claim reads “…Wiley, withdrew from any physical confrontation with the Biekers and he specifically communicated his intent to surrender to Jon Bieker. Despite that communication, Mr. Bieker continued to advance and/or fire upon the defendant and the co-defendants. The defendant was shot in the spine and paralyzed, herefore unable to further escape. As such, the defendant was entitled to use force to protect himself…”

They went on to write, “The degree of force used by Jon Bieker and/or Becky Bieker exceed that which was lawfully necessary to protect property and a place of business in the face of the retreating defendants, all of whom were shot in the back. As the use of force by both Jon and Becky Bieker was unlawful, the defendant was justified in using deadly force in defense of himself and/or another.”

Bieker was asked by prosecutors not to talk about the self-defense claim, but has faith justice will be served.

"We believe the evidence will show these men entered our business to commit a crime. They came in to rob our store. They had a plan, they had guns and they were prepared to kill to carry out their plan," she said. "They do not get to claim self-defense because Jon shot back and they killed him in the process."

Former Kansas Attorney General and Johnson County District Attorney Paul Morrison agrees and says claiming self-defense in a case like this is unusual. 

"That's a very unorthodox defense,” he said. "You can't embark on a felony and begin to commit the crime and then say, ‘Wait a minute, this was more than I bargained for,’" he said.

This is a felony murder case in which prosecutors only have to prove someone died during another violent crime, like a robbery.

Wiley's uncle said his family is praying for Bieker, but they came to the court appearance to support Wiley and want what's best for him.

"He told them, ‘I give up.’ You can't continue to shoot a man, then you are shooting to kill him, after he gave up" said Cedrick Gipson.

Wiley’s next court date is set for Jan. 27 at 10:30 a.m.

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