With Stand Your Ground Laws Still Standing, Two Alabama Shooters Escape Liability

[Stuart G]

Think Progress:

http://thinkprogress.org/justice/2013/05/30/2075961/with-stand-your-ground-laws-still-standing-two-alabama-shooters-escape-liability/

By Nicole Flatow on May 30, 2013 at 10:30 am

Earlier this month, a 21-year-old African American approached the home of his step-father’s ex-girlfriend in Jefferson County, Alabama, and ended up dead. The woman who lived in the home said she shot him out of fear for her safety, and as a result, no charges will be filed against her under Alabama’s Stand Your Ground law — the same law that gained notoriety after the tragic killing of Florida teenager Trayvon Martin.

The woman, whose name was not released, said she was out walking her dog when she saw a man run by her home and went inside to get a gun. When she came back out, a man she believed to be the same person was walking down her driveway. She told him to stop, and that she had a gun. But he kept approaching. She shot and he died.

Unfortunately, little else is known about the case, and likely never will be now that the inquiry has ended with the state’s Stand Your Ground law. The woman said she could not identify the man and feared he was planning to attack her. She said she had particular fear because her boyfriend had been recently robbed, according to Jefferson County District Attorney Brandon Falls. The man, Demetrius Antuan Thompson, had no criminal record. He had no known motive for an attack or break-in.

Under Alabama’s Stand Your Ground law, the woman had no duty to retreat, and it didn’t matter that she voluntarily came outside with a gun. Even if she only feared second-degree assault (intent and execution of serious physical injury), she was authorized to use deadly force. ”This is a tragic situation, but legally she was justified,” Falls told AL.com.