EMPORIA, Kan. (AP) — The Kansas Court of Appeals has ordered that an Emporia man be tried in the shooting of his brother, reversing a lower court’s decision ruling that he was protected from prosecution by the state’s self-defense law.
The court’s ruling last week reverses a Lyon County District Court decision in May 2015 dismissing an attempted voluntary manslaughter charge against Sony Uk.
Prosecutors say Uk shot his brother, Viseth Ear, because Ear was attacking their mother.
The appeals court ruled that no evidence existed that Uk knew his mother was facing imminent death or great bodily harm, which is required under Kansas’ “stand your ground” law.
Two judges noted that Ear stopped hitting his mother after one shot was fired but Uk fired again.
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This story has been corrected to show that the charge against Uk to attempted voluntary manslaughter and that the brother survived the shooting.