Ladies & gentlemen of the jury [dear reader], I come before you today to present the case that that man sitting before you, one Dean Winchester has, in fact, committed a murder and that the State [or the fictional show & its story in this case] cannot allow him to continue forward without being brought to justice [have SOMEBODY bring up this big deal in the show]. (got the theme of the post? from here on I’m going to use the show terms instead of “official” court terms to lessen confusion)
–At time of writing, I am two episodes (11.13 & 11.14) behind so if any defense wants to present the defendant as having been punished during one of them, now is the time.–
First, let us lay out the facts. At the time, the character known as Death had, in general, been an ally of the protagonists. In fact no less than twice [see exhibit: Lucifer & Leviathans] they were able to utilize a solution to an intractable problem because of him. In fact that is why the victim was in the scene with the defendant at the time, because the defendant saw no way for a problem to be solved and turned to Death for a solution. Death provided a possible solution, then in a fit of rage, the defendant slew the victim without warning or cause.
The defense will try and dispute this “without cause” accusation. They will try and bring up the victim’s earlier crimes as a way of showing that Mr. Winchester acted in the best interests of the Show and punished a murdering scofflaw who had escaped justice. But do not be fooled. It was clearly established [exhibit 5.21] that the victim was NOT in control of his actions at that time. And NEED I REMIND this jury that the ally of the brothers, Mr. Castiel, had in fact killed just as many if not arguably more, during times that he too was not in control of his actions [exhibits 7.01, 8.10, 11.10]. The brother of the defendant has also been noted as a murderer at times when not in control of his actions [exhibits 5.22, 6.13, 9.09]. If it was right for Dean to kill Death for his crimes, then it is right for Castiel and Sam to suffer the same fate.
Another argument you might here is that Mr. Winchester acted in self-defense, that he believed himself or someone else in danger. But how can this be? Keep in mind the scene: The defendant CONTACTED the victim. There is no evidence that Death was bothering Dean in any way, but rather Dean that was bothering the former. Dean DEMANDED that Death do something, for him. Death countered that he had some conditions. The question then becomes: What if Dean said no? Was Death going to harm him? Kill him for refusing? No! Just refuse Dean’s request. Some might bring up Death’s line, “Do it. Or I will.” but this makes no sense in context and is most likely a misreporting by the witness, that they failed to hear the “not” at the end of Death’s line*. I repeat, there is no cause to believe that any harm would befall anyone had the defendant refused the condition.
*Ok, out of character a moment, but that line is just plain bad writing that makes no sense in any way. Again, Dean is the one who insisted on the deal, Death gave him his conditions, why would the latter insist on those conditions if the former refuses? Why not just take his scythe and go home? Though one could point out that Death could just be honoring the EARLIER deal Sam made with him way back in episode 9.01.
In fact, look at this situation from another perspective, where you do not know the people involved. Allen walked up to Bob and says, “give me a million dollars.” Bob replies, “suck my dick.” Allen then pulls out a gun and shoots Bob. Did Bob’s condition in any way warrant his being killed? Some on the jury might object that a vulgar act in no way compares with murdering your brother but I will urge them to remember that we are in no way shown or told whether Sam will suffer oblivion or just bodily death, allowing his soul to go elsewhere like a permanent respite in Heaven nor do we see at any point the defendant argue this with the victim. He does not propose that his brother come with him to the distant planet, nor even to share the Mark of Cain with Sam. He doesn’t even refuse the condition and then attack after Death makes a threatening gesture (if he would have, Death might have just shrugged and left). Instead Dean Winchester makes a request of someone, then kills them for refusing him.
I repeat: Dean Winchester asked Death to do something, then KILLED Death when he said no.
That’s not the action of a hero, ladies and gentlemen, that’s the action OF VILLAINS. (need we start going over the episodes where someone is killed for refusing the villain?)
And that’s why I bring you here today. Because this season Sam has “suffered” and at least struggled with the role he played in releasing the DarknessTM. But at no point has there been the SLIGHTEST indication that Dean even remotely feels guilty for needlessly slaughtering the one being who could have STOPPED the DarknessTM. (after all, Death bragged that he would reap God, and if the DarknessTM is God’s sister…)
Instead – save for the following episode – there has been no further mention of Dean’s worst, on-screen crime. And the longer this season goes without addressing it, the harder it becomes to ignore.
I guess we’ll see with the next two episodes…
Speaking for, fellow canoneer, njspnfan.
I had two lines of defense and decided to go with this one.
In defense of Dean Winchester in the case of Supernatural vs Dean – Death’s Murder.
Summary: Dean acted in self-defense in killing Death. As a condition of honoring Dean’s request, Death told Dean he must commit a capital crime, murder his brother. Death told Dean he must kill Sam, that Sam would never stop looking for ways to save Dean.
Furthermore, Death said if Dean didn’t kill Sam, that he would. Your case falls apart the minute Death told Sam and Dean that he would kill Sam if Dean didn’t. Dean perceived an immediate clear and present danger and acted accordingly.
Death: Even if I remove Dean from the playing field, we’re still left with you. Loyal, dogged Sam, who I suspect will never rest until he sets his brother free, will never rest until his brother is free of the Mark, which simply cannot happen lest the Darkness be set free. Then there was that time you stood me up.
This is a very petty and vindictive reason for wanting to kill Sam. This is Death, after all; he can kill with a touch. That is, of course, unless he was under orders from a more powerful entity not to do so.
And, when Dean was getting ready to kill Sam –
Death: To be what you are, to become what you’ve become is a stain on their memory. Do it. Or I will.
I submit that the analogy you presented is not an equivalent representation of the gravity of Dean’s predicament.
“Allen walked up to Bob and says, “give me a million dollars.” Bob replies, “suck my dick.” Allen then pulls out a gun and shoots Bob. Did Bob’s condition in any way warrant his being killed?”
The answer to your hypothetical scenario is, of course not.
Now, what happens when we change this to a more equivalent analogy.
“Allen walked up to Bob and says, “give me a million dollars.” Bob replies, “OK, but kill your wife first, or I will.” Allen then pulls out a gun and shoots Bob. Did Bob’s condition in any way warrant his being killed?”
The answer to this is going to depend on whether Allen thought Bob presented a clear and present danger to his wife. If he did, then shooting him could be justifiable.
Furthermore, we cannot be certain that Death is truly dead. Personally, I believe Death is dead because, when Carver writes an episode, WYSIWYG. However, a strong case can be made that many of Death’s actions this episode were out of character and not easily explainable –
- Death knew that Sam wouldn’t stop to free Dean of the Mark of Cain. If Death is all knowing, he knew that Sam was already trying to free Dean of the Mark and, knowing the severity of the consequences, why did he not act to prevent that by stopping Rowena, Crowley, and Castiel? Killing Sam would not have stopped what was already taking place with Rowena and the Book of the Damned. Death usually doesn’t interfere in such matters but did “make an eclipse” in Season 7 so they could put the souls back in purgatory, and also spared Chicago in Season 5 because he liked the pizza. In Season 7, he told Dean that if he tried to bind him again, he’d be dead before he even started. That supports the fact that Death can be all knowing, particularly in matters related to Sam and Dean.
- Why would Death hand Dean the only weapon that could kill Death? Dean, fueled by the Mark of Cain, could have easily killed Sam using other weapons or with his bare hands. Death knows the effects of the Mark of Cain on a human, how unstable it makes them, and still gave him his scythe.
AND NOW THE JURY’S VOTE