Jump to content

Help me understand why the homeowner has been charged.


Recommended Posts

Morristown homeowner accused of fatally shooting intoxicated intruder

"Officials said the incident turned into a fight between the homeowner and the intoxicated intruder. An incident report stated the altercation led to shots being fired before officers arrived." "Wallace was arrested and faces charges of voluntary manslaughter."

https://www.wvlt.tv/2021/07/30/morristown-homeowner-accused-fatally-shooting-intoxicated-intruder/

I'm sure the news article does not paint a complete picture, but I would think a violent encounter with a drunk stranger in one's own home would be justifiable self-defense.  I'm at a loss as to why the homeowner was arrested.

Link to comment

It could be that the victim was found outside the home. If that is the case, then it might be harder to justify the shooting. Maybe witnesses indicated that the homeowner escalated the situation. The report did not give enough info. 

  • Like 5
Link to comment

In general fist fights that turn into shootings are not a good thing.  Unless there are extenuating circumstances, deadly force isn't acceptable.  Additionally, even with stand your ground law in TN, avoidance can be deemed the more reasonable thing to do and put the shooter in an unfavorable position for self defense.  Will be an interesting story to follow.

  • Like 1
Link to comment
On 7/31/2021 at 1:06 PM, Snaveba said:

It could be that the victim was found outside the home. If that is the case, then it might be harder to justify the shooting. Maybe witnesses indicated that the homeowner escalated the situation. The report did not give enough info. 

Very valid point. Where the article used the word “intruder“ my mind goes to someone who has entered into the home versus someone who has trespassed onto property. An inference I made that could be way off regarding this situation. 

Link to comment
  • 3 weeks later...
Quote

intoxicated man that allegedly entered his property.

 

"Property" means plot of land in my world, not home. Wholly illegal to shoot someone on your property when they have no weapon or are not actively beating on you. Dead guy could've been screaming anything or threatening anything but still not legal to shoot him IF he's outside the home itself. (All this is from an ADA in Metro Nashville, not my opinion.)

Quite honestly, I'm surprised the Tec-9 worked............. 

  • Haha 1
Link to comment
  • 3 months later...

TCA 39-11-611

Self defense Statute

(a) (3) “Curtilage” means the area surrounding a dwelling that is necessary, convenient and habitually used for family purposes and for those activities associated with the sanctity of a person's home;
 

(b)

(1) Notwithstanding § 39-17-1322, a person who is not engaged in conduct that would constitute a felony or Class A misdemeanor and is in a place where the person has a right to be has no duty to retreat before threatening or using force against another person when and to the degree the person reasonably believes the force is immediately necessary to protect against the other's use or attempted use of unlawful force.

 

Not to argue with the ADA from Metro Nashville, but he does not get it.

Link to comment

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

THE FINE PRINT

Tennessee Gun Owners (TNGunOwners.com) is the premier Community and Discussion Forum for gun owners, firearm enthusiasts, sportsmen and Second Amendment proponents in the state of Tennessee and surrounding region.

TNGunOwners.com (TGO) is a presentation of Enthusiast Productions. The TGO state flag logo and the TGO tri-hole "icon" logo are trademarks of Tennessee Gun Owners. The TGO logos and all content presented on this site may not be reproduced in any form without express written permission. The opinions expressed on TGO are those of their authors and do not necessarily reflect those of the site's owners or staff.

Before engaging in any transaction of goods or services on TGO, all parties involved must know and follow the local, state and Federal laws regarding those transactions. TGO makes no claims, guarantees or assurances regarding any such transactions.

×
×
  • Create New...

Important Information

By using this site, you agree to the following.
Terms of Use | Privacy Policy | Guidelines
 
We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.