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A struggle erupted between two correction officers and two inmates at the inmates were being escorted from a second-floor segregation unit. Tremblay was one of the inmates, and he fought with an officer near the stairwell. The other inmate acquired the cell keys and released other inmates wherein several of the inmates, including Martin (D), ran down the stairs and met officers who had arrived to help. One officer was stabbed a number of times. D could not see who had started the fight from his position in his cell but upon being released, seeing, blood and hearing the cries of Tremblay for help, he raced to aid him only to see the officers hitting Tremblay over the head with clubs, and a metal mop handle while Tremblay was crying for help. D struck several officers in an effort to pull them off, Tremblay. The judge instructed the jury with respect to self-defense but gave no jury instruction on the subject of privileged use of force to protect another. D was convicted and appealed.

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