Law alters self-defense pleas

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ATLANTA - It's been almost a year since a new law broadened protection for Georgians who use deadly force to protect themselves and their property against attackers.

Often referred to as the "stand your ground" law, the measure has since cropped up in court cases for people arguing they were justified for killing in self defense and provided additional cover for those involved in a rash of home invasion shootings in Augusta.

Sen. Greg Goggans, R-Douglas, introduced the legislation last year after seeing Florida pass a similar law in 2005.

Georgia already had a law in place allowing people to use force if someone was breaking into their house. The previous law also covered people protecting their car or business.

Using deadly force to protect any other property was only allowed to prevent a violent felony, such as murder, robbery or kidnapping.

Under the current law, which took effect July 1, 2006, people are immune from criminal charges or from being sued when they feel the same threats anywhere and not just on their property.

Mr. Goggans' measure also made it clear that people do not have a "duty to retreat" before resorting to hurting or killing an assailant.

Some advocacy groups had contended that the existing law provided adequate protection for people if they were attacked or their homes were broken into. The law, with its expanded protections, has led to a shoot-first, ask questions later mentality, critics say.

"We thought, and I think that we were correct, that the legislation significantly broadened the concept of self defense in the minds of most citizens and probably a lot of criminals," said Alice Johnson, the director of Georgians for Gun Safety, an advocacy group that lobbied against the measure. "We were very worried that what we would see in the long run, a significant increase of response of deadly force anytime they may have felt threatened, whether in fact that threat was a reality or not."

Ms. Johnson said her group is trying to work with prosecutors to find a way to track the impact of the law in cases around the state.

In recent weeks, several Augusta residents have acted in self-defense.

A 56-year-old woman shot 19-year-old Justin Brent Haynie after he broke into her home and threatened her with a knife with the intent to rape, according to prosecutors.

Mr. Haynie, who survived the shooting, has been charged with multiple crimes.

Errol Lavar Royal, 29, died while attempting a home invasion after being shot by homeowner Army Capt. Barree Bollinger, an Iraq war veteran.

Lakashia Walker, 23, was shot in the neck while trying to break into a backyard shed belonging to 84-year-old Frank Sams, who, fed up with recent robberies at his house, sat outside to watch over his property. Ms. Walker remained hospitalized this week.

The incidents happened within a nine-day period.

Richmond County Sheriff Ronnie Strength said that out of the three homeowners, only Mr. Sams might have fallen into a gray area before the self-defense law was strengthened.

"But the other two, absolutely not," he said.

Sheriff Strength said authorities have not found anything that would lead to charging any of the three homeowners. He said the series of high-profile shootings has drawn strong opinions within the community, most supporting the homeowners' right to defend themselves.

"People are tired of this," Sheriff Strength said. "Crime of course is not decreasing, and people are standing up for what's right, and that's what they should do."

The new law has been cited in some court cases to build a stronger argument for people who have been charged with murder but are arguing that they acted in self defense.

The state Supreme Court was petitioned for murder charges to be dropped based on the immunity protections in the new state law, but the justices in February did not weigh in on the interpretation. Instead, they decided the case should go to trial before they handled an appeal.

Attorneys for former Atlanta Police Officer Raymond Bunn have said the murder case against him should be thrown out because of the new law.

In 2002, Mr. Bunn and his partner were patrolling Atlanta's Buckhead district in unmarked cars and caught a young man trying to break into a car, according to court documents Mr. Bunn filed. When they chased him, the man jumped into a sport utility vehicle and allegedly began driving toward the officers, hitting Mr. Bunn's knee as he fired at the car.

The shots killed 18-year-old Corey Ward, and three years later, Mr. Bunn was charged with murder.

His attorney, Manubir Arora, tried recently to get the case dropped because of the revised law. His motion is pending with a Fulton County Superior judge.

"The whole point was if you're going to be immune from prosecution," Mr. Arora said about the revised law. "Prior to 2006, you'd have to go to trial and face jurors with self-defense claims."

Reach Vicky Eckenrode at (678) 977-4601 or vicky.eckenrode@morris.com.

ON THE WEB

To read the full text of the expanded self-defense law adopted last year, go to: www.legis.state.ga.us/legis/2005_06/fulltext/sb396.htm.

Comments (14) Add comment
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As It Is
2
Points
As It Is 05/13/07 - 03:34 am
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The way it should be --

The way it should be -- protect the public not the criminals.

Reality
3
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Reality 05/13/07 - 05:08 am
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This is what we need, Alice

This is what we need, Alice Johnson saying it isn't fair to shoot someone that is threatening you . Please give all of the rights to the low life criminals....Wake up Alice, it is not going to turn into the Wild West, just citizens protecting them selves.........

WorriedAboutOurFuture
16
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WorriedAboutOurFuture 05/13/07 - 07:09 am
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"Errol Lavar Royal, 29, died

"Errol Lavar Royal, 29, died while attempting a home invasion after being shot by homeowner Army Capt. Barree Bollinger, an Iraq war veteran." Vicky, please. And where is the city editor?

lovingmom
0
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lovingmom 05/13/07 - 07:27 am
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I am a widow and live alone

I am a widow and live alone with my 38. My moto is "shoot first, ask questions later".

WW1949
19
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WW1949 05/13/07 - 08:33 am
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Screw the criminals, protect

Screw the criminals, protect the public. If the other two die, that will be two less the public has to deal with and two less to support in jail.

WW1949
19
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WW1949 05/13/07 - 08:35 am
0
0
No guilty verdict from me

No guilty verdict from me ever if someone breaking into a house or attacking anyone is ever killed for self defense.

benzoboi
0
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benzoboi 05/13/07 - 11:16 am
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Hooray. It's time for us to

Hooray. It's time for us to take back our community and dignity. I have been robbed twice. The thought of these thugs in my house litterly makes me sick. The second time I could have killed them but they looked so young. I guess I will just have to practice more so I can bust their kneecap instead of putting a cap in their head.

elizabeth61
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elizabeth61 05/13/07 - 11:48 am
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You don't have to shoot to

You don't have to shoot to kill if someone is breaking into your house or shed. Aim for their hands, wrists or knees to disable them. Of course, if your life is in danger, then that warrants shooting to kill.

Think
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Think 05/13/07 - 12:52 pm
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All of my training that I've

All of my training that I've had in the military and police fields. strongly advise that if you pull out a gun shoot to kill. Or you could find yourself on the wrong side of your own gun.

adam
8
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adam 05/13/07 - 03:42 pm
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In reply to elizabeth61. You

In reply to elizabeth61. You don't have to break into someones house or shed,either. Let's just think of it as homeowners choice.

lawman1
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lawman1 05/13/07 - 04:54 pm
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Being a retired

Being a retired lawenforcement officer, I can see what some may consider both sides of the picture. At the same time time I will give full support to the "black and white" of the law as it is written.

Rose
17
Points
Rose 05/13/07 - 07:40 pm
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My son has a 140 lb

My son has a 140 lb Rochwauller(can't spell it) he keeps in the house. He is gentle and lovable, and is very protective. When we visit,I am not afraid of someone breaking in. That dog would put a hurting on anyone who came in uninvited.

nofrills
0
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nofrills 05/13/07 - 08:39 pm
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Look bottom line is if they

Look bottom line is if they were not there to cause you trouble they would ring the door bell. I say its time to send a message to all the low lifes. Break in our home, office or property and get shot maybe even dead

t of i
25
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t of i 05/13/07 - 10:10 pm
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If someone is breaking into

If someone is breaking into your house, you had better assume your life is in danger. Remember Dr. Cundey's daughter and countless others who have lost their lives upon walking in on thieves? Years ago in a gun use and safety course, the law officer conducting the course advised us that if we felt the need to shoot, then we had best shoot to kill. In fact, no guns were allowed in the course that were less than 32 calliber. The point was that if you shot someone with a 22, you probably would be injured or killed since only a lucky or very well placed shot with a 22 would kill someone. Shoot someone in the wrist? That's a small and most likely a moving target. And with the other wrist, he snatches your gun away from you (and of course he's hurting and pretty mad at this point). And, don't forget the lawsuits that are possible. So, for those of you who think like elizabeth61, go take a gun course from a reputable source. It will be enlightening for you and it won't turn you into a gun nut. I can attest to that. I still have the one gun my husband bought for me to take the course and enough ammunition to get me through a home invasion. (Gun and course, 20+yrs ago. Long last ammo).

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