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Eau Claire (WQOW) - An appeal is filed in an Eau Claire murder case, even though the case hasn't even gone to trial yet.
The state public defenders office filed the appeal Monday on behalf of Doua Vang. He's the Eau Claire man charged with stabbing and killing 17-year old Bobbie Vue in October. The stabbing happened after Vue and four others allegedly armed themselves with weapons and forced their way into Vang's apartment.
The defense claims that under the new 'castle doctrine' Vang had a right to use force to protect himself in his home. They are appealing a recent ruling by an Eau Claire judge who refused to dismiss the charges. The judge ruled that the castle doctrine did not apply because the stabbing occurred in a hallway, not in Vang's apartment. Vang's lawyers say that under state law, the hallway is considered part of his apartment. The case is now on hold until the state court of appeals decides whether to accept the case.
Meantime, the four other young men who allegedly joined Vue in instigating the fight were in court on Monday. All pleaded not guilty. Their trials are set to begin at the end of January.
