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In reply to the discussion: South Carolina entrepreneur to face no charges in shooting [View all]cynzke
(1,254 posts)Stephenson is lucky. This would not fly with some prosecutors. How much did Stephenson contribute to this tragedy? He put himself smack dab in the middle of it by leaving his house AS ADVISED by the dispatcher. In some jurisdictions that would seriously reduce the grounds for self-defense. In Georgia, a homeowner shot and killed a senile old man who, lost and confused, wandered into a backyard. The homeowner called 911, the police were summoned. The homeowner told the dispatcher he was armed and was going to confront the old man. Despite the dispatcher's strong warning that the homeowner should stay LOCKED in his house and wait for the police to arrive, the homeowner left the house, shot and killed the old man. I have read several articles on private citizen's use of lethal force. Experts STRONGLY advise caution/consideration when using lethal force. Unlike police, who are granted EXEMPTIONS from legal liability, private citizens are not granted the same exemptions. Experts advise, if you use lethal force it should ONLY be used as a LAST RESORT, when your life is in EMINENT physical danger. Now granted, Whitman was had a knife, but Stephenson was not in eminent danger, STANDING on his porch. Instead, he left the SAFETY of his porch. He was armed and he fired warning shots. The dispatcher and his girlfriend urged Stephenson to WAIT FOR THE POLICE. The guy lives in a CASTLE for fuck sake. It looks pretty secure. Stephenson and his girlfriend could have locked themselves in a bathroom or somewhere safe and wait for the police. Stephenson was still armed with a weapon to defend them both. When you IGNORE the advice of the 911 dispatcher to STAY LOCKED in your home, wait for the police and you INSTEAD confront someone, when it was not NECESSARY, you put yourself in legal jeopardy. Had Stephenson obeyed the dispatcher, Whitman might still be alive. Note in SC law, you have a duty to retreat and you should not be a contributor to the incident. http://www.gowoodruff.com/defending-your-castle-%e2%80%93-self-defense-in-south-carolina/