Kuntz v. Thirteenth Judicial District Court
Supreme Court of Montana
95 P.2d 951 (2000)
Bonnie Kuntz (defendant) and Warren Becker lived together for six years; Kuntz returned home one day to find her belongings destroyed and the home in disarray, and claimed Becker attacked her in the kitchen by shaking her and throwing her into the stove, prompting her to go outside to calm down. When she returned, she found a trail of blood leading to Becker, unresponsive and collapsed on the porch after being stabbed. Kuntz drove to a friend's house, called her mother, but did not call authorities herself; a neighbor eventually reported the incident, and Kuntz returned home to wait for police and medics. Becker died from his stab wounds. Kuntz was charged with negligent homicide both for the stabbing and, in an amended charge, for failing to seek medical assistance for Becker; she sought dismissal or to strike the failure-to-seek-help allegation, the district court denied her motion, and both parties sought an advisory opinion from the state supreme court on whether a person who justifiably used force is legally obligated to obtain aid for a wounded attacker.
Whether, if a person justifiably uses force to defend himself or herself from an attacker, that person has a duty to assist the attacker if rendering assistance might create a risk of injury or death to the person.