For Just Answer - Justified?

Arizona gun law 2008, agg assault, 1203 (A) (2), JTWROS Quit Claim Deed.

A deep, thoughtful answer will certainly draw a deep, thoughtful tip for the expert who takes this dive.

Jane has experience raising/selling puppies, but her poor credit requires that she get an investor if she wants to get back into the business.

In comes Dick. Dick has 2 Labradors and loves the idea of more. He's near retirement and has some extra investment money set aside after a 34-year career working for a power company.



So, Dick took out a $90k loan against his mobile home for the down payment and to remodel a house with a big back yard to be used by the dogs.  Dick built kennels complete with plumbing and electricity and enclosed them with a $14K block wall.  Didn't take very long to spend the loan.  Dick took extra shifts at his part-time day job at the Department of Corrections to compensate.

Concerned that she’d be homeless and jobless if Dick died on the job, Jane convinces Dick to enter into a Joint Tenancy with Right of Survivorship with her, which addresses her concern, and gives her equal entitlement to the house, without a liability of a mortgage – that’s all on Dick.

And then things change dramatically as Jane and her modern day crime family methodically wring Dick dry, working him to the bone, while they finish their fraudulent scheme. Dicks dogs go missing one day while he’s at work. Jane’s mother takes responsibility. Dick’s dogs are never seen again. Of course, this crushes Dick. He loved his dogs.  But he presses on with business plan -  he’s invested so much he's determined to make it work.   It never crossed Dick’s mind that his dogs being gone loosened his ties to the house.

As weeks passed, Dick mourned the loss of his dogs, staying most nights at his mobile home, while at the same time he saved gas money.   He continued to work diligently on the house 6 days/week.

Then, one afternoon, Jane's mother says to Dick, "Get out of the state and start yourself a new life." Terse, cryptic, no further explanation. Just a solemn warning. Dick’s floored and at a loss. He goes to see Jane about her mother’s words, and is met with an equally creepy encounter that ends with Jane’s demand that Dick leaves and goes back to his mobile home. "We'll talk tomorrow morning. I've got a headache, I’m going to feed the dogs and then go to bed."

Dick respects her wish, and heads to his mobile home, but the mental torment drives him to head back over to the house after about an hour.

9:30pm. Dick arrives to find an unknown car in his driveway and a glimpse of a stranger in his house. Dick doesn’t know what to think, but he feels safer bringing his Taurus 24/7 OSS hand gun - kept in his car - with him. He has his concealed carry permit on him, as always.   He has no intention of shooting anyone, and thus leaves the Taurus's key-lock safety system engaged, rendering the gun inoperable.

As he opens the door, Dick points his gun at the man and tells him to get out of his house. The man complies without saying a word. Jane's already dialed 911. Dick NEVER points the gun at her.

The stranger, however, points his gun at Dick through the window and pulls the trigger. His gun misfires. He retreats, and disappears into the darkness.

Now Dick's really freaking out, thinking he’s going to be killed in his own house.  (He has no idea about the misfire.)  A few minutes pass, and Dick makes a run for his car and drives away. No shots, no one hurt - except for the resulting predicament Dick finds himself in. While trying to call Jane on his cell, he's pulled over and given a ticket for talking on the phone while driving. Just kidding.

Dick's charged initially with 2 counts by information:
1) ASSAULT - INTENTIONALLY / RECKLESSLY CAUSE PHYS INJURY
2) AGG ASSAULT - USE DEADLY WEAPON / DANGEROUS INSTRMENT

Later. he's indicted:
1) Agg assault, DV, deadly weapon / dangerous instr. - handgun, class 3, dangerous
2) Agg assault, deadly weapon / dangerous instrument - handgun class 3, dangerous

QUESTIONS: Does Dick have a justification defense or any other affirmative defense? What do the gun laws say? Can Dick make an argument for defending his premises and/or his property?

Dick has 5% equity in the house; Jane’s chipped in for 1%. (Keep in mind JTWROS entitlement) Mortgage is all Dick’s liability – he was given the loan, not her. Jane was living in the house permanently at the time; Dick had been staying most nights in his mobile home. He still worked on the house every day.  And the contents in the house - $40K worth – is all Dick’s. Can Dick reasonably argue defense of his property?   Does the technicality of trying to determine who may have superior rights to be in the house even matter here since the joint tenancy gives them both equal rights, right?

FYI, Jane and the family finished their fraudulent scheme and gutted the house while Dick’s been in jail.  And that’s the gauntlet, good experts… I look forward to your insight.