quote:
Originally posted by AtticFeline:
There's nothing mentioned in the article here about torso OR $10,000. Please provide your sources.
There are other news sources other than the TD. When Is It Legally Acceptable To Use Deadly Force?
Posted: Sep 14, 2010 08:57 PM CDT
http://www.waaytv.com/Global/story.asp?S=13155077 A Colbert County homeowner shot a trespasser 3 times Tuesday. Officers continue their investigation. Such shootings often raise the question of when it's legally acceptable to use deadly force. WAAY 31 spoke with a criminal defense attorney to find out.
The shooter says over the weekend someone stole $10,000 worth of copper from inside his chicken house. So he was checking his property Tuesday when he found a trespasser.
Investigators comb the area around Ricks Lane in Spring Valley. Colbert County Sheriff Ronnie May says the owner of the property called 9-1-1 after finding 43-year old Timothy White in his chicken house Tuesday around 10 in the morning.
The owner says he held him at gun point waiting for authorities, until White charged at him. That's when the owner says he fired 3 shots hitting White twice in the torso and once in the foot. White was able to run away.
"We had officers come to the scene to search for him. When I arrived here, I came out on Ricks Cemetery Road and as I approached this gravel road drive, he stepped out in the road in front of me and I took him into custody and laid him down," said Sheriff Ronnie May.
Huntsville attorney Bruce Gardner could not speak specifically about this shooting, but explained Alabama's law of self defense and defense of your homestead.
"If someone is merely trespassing on your property, that would probably not allow a person to use deadly physical force," said criminal defense attorney, Bruce Gardner.
Gardner adds you don't have to retreat if someone is at your residence or on your property and you have reason to believe that person could potentially use deadly physical force against you. He says you are justified in using a weapon to defend yourself.
"If somebody is prowling around your house at midnight and scratching at your window and you have reason to believe someone is trying to break into your house, you have absolute right to defend that with the use of deadly physical force," said Gardner.
Sheriff May says the information about Tuesday's shooting will be presented to the DA, who will decide if this case should go to the grand jury.
The shooting victim was flown to Huntsville hospital. He's listed in good condition.
Reporter: Stephanie Beecken – sbeecken@waaytv.com