Stand Your Ground laws are good things. However, thanks to the media hype around them, many seem to have the wrong impression of what the laws protect and what they don’t.
For example, it means a DA can’t come behind you and decide you could have run away, so you’re prosecuted for murder.
That’s not supposed to happen.
You can, however, be prosecuted because you say you were in fear for your life, but a reasonable person wouldn’t think so. That includes being, say, knocked on your butt because you started an altercation, or it can involve going out of your home to start the fight because you think it’s coming.
Sort of like what an Indiana man is alleged to have done, which led to reckless homicide charges.
An Indiana homeowner was charged for fatally shooting an unarmed “suspicious” man who was allegedly trying to enter his home and break into cars in his neighborhood.
Martell Pickens, 30, is facing charges of reckless homicide on Monday for allegedly shooting 25-year-old Khadolphee Taylor outside his Fort Wayne home on May 7, according to the Allen Superior Court.
Pickens told Fort Wayne police he was woken up around 2:45 a.m. and noticed a “suspicious” man walking around his neighborhood, according to a probable cause affidavit obtained by WANE.
Pickens alleged that Taylor tried to break into various cars.
Surveillance footage from Pickens’ home showed Taylor attempting to break into the residence, which prompted Pickens to go outside armed with a Glock .45 caliber handgun to confront him, according to the affidavit.
Now, does that make it right?
Honestly, despite my initial framing, I’m not entirely sure that I wouldn’t have done the same thing as Pickens under the circumstances. I probably would have just called the police if I saw him trying to break into cars, but trying to enter my home is a different matter entirely. Especially if he has reason to believe I’m home.
Especially in light of this:
Around the same time, a neighbor called 911 to report the activity.
“What are you doing?” Pickens was heard asking on the footage as he warned Taylor to “back up.”
Taylor then continued to advance towards him before Pickens shot him, according to the affidavit.
The problem, however, is that Pickens allegedly (A) talked to the police after the shooting without a lawyer and (B) acknowledged that Taylor was unarmed and under the influence. Being under the influence of something, I think, makes it more understandable that Taylor got shot, but Pickens probably should have called an attorney immediately after the shooting and gotten some representation to help him, because otherwise, I think he’d have been fine.
Taylor wasn’t exactly acting normally. He’d already tried to enter an occupied home. He advanced when told to stay back, which is a threatening movement. He got shot for his trouble.
But Pickens might still go to prison. That’s the shame.
And that, boys and girls, is why you do not talk to the police without an attorney present following a defensive gun use. Yes, you may be absolutely convinced you’re in the right, and you may well be, but one errant word could condemn you in the eyes of the police. A lawyer, despite every joke about the profession I’ve ever told, is there to try to keep you from saying something that will get you locked up.
Can’t afford one? Then hook up with one of the organizations that allow you to pay a monthly amount and get some much-needed protection, either by having insurance or by putting a network of attorneys essentially on a retainer for you should you need one.
Don’t get caught up in something life-altering just because you wanted to save a few bucks, folks.
Read the full article here
