The Wisconsin Supreme Court will review an appellate court decision that opened the door for Chrystul Kizer to claim an affirmative defense in the shooting death of Randall Volar III. Police admit that Volar confessed to preying on Kizer and other underage girls.
He was allegedly sex trafficking them. Kizer stands accused of first-degree intentional homicide in the July 2018 shooting of Volar in the head. Prosecutors claim that Kizer killed Vollar during an act of theft.
But her lawyers insist that she shot him because she was defending herself from a trafficker of underage girls. Kizer was 17 at the time of the shooting.
The decision on whether her lawyers will be allowed to argue an affirmative defense will be left up to the Wisconsin State Supreme Court. That defense has never been used in a homicide case before in the state. Kenosha County Circuit Court Judge David Wilk had previously ruled against her use of that defense.
If her plea is allowed, it would be the same as a self-defense plea. The court has taken the case on its own and they have asked both sides to submit their arguments within the next two months.
At the time of his death, Volar was under investigation for underage sex trafficking.
Police raided Volar’s home and seized electronics that contained videos of Volar having sex with Kizer and other underage girls. Kizer met Volar on Backpage, a former site connecting people for paid sex.
Kizer, of Milwaukee, allegedly met Volar through an advertisement on Backpage, a now-defunct website for sex marketing. She has alleged that Volar sexually abused her and was trafficking her to other men. Prosecutors have acknowledged in court that Volar was sexually abusing teenage girls and would likely have been charged with child sex assault had he not been killed.
While the appeals of the affirmative defense issue are pending, the prosecution has been on hold, and no trial date has been set.
Kizer has been free on bond since June 2020 after the Chicago Community Bond Fund, with help from other supporters, posted her $400,000 bond.