(dissenting):
The majority asserts the record contains evidence that the defendant was in fear of imminent danger which she had no reasonable means of avoiding. To the contrary, the only details of the crime were presented through the testimony and statements of Rhonda Wideman, a former roommate of Hill. In her first statement Wideman explained why Victim attempted to disarm Hill, to wit: that, after Hill fired a shot in the air, Victim “went over there and said, T don’t want no one to get killed,’ she tried to get the gun, they wrestled for the gun.” It is clear that Victim’s motive in wrestling for the gun was not to injure Hill, but to prevent injuries to third parties.
This being the only evidence regarding Victim’s state of mind, the record is devoid of any inference that Hill reasonably believed she was in imminent danger, or that she had no means of avoiding the danger. Accordingly, I would affirm.