Posted on 02/26/2006 5:29:26 AM PST by Ellesu
The bystander who killed a businessman embroiled in a brawl with a Baton Rouge police officer may be aided by one of the nation’s most permissive justifiable homicide laws, legal scholars and others say.
Louisiana allows the use of deadly force in self-defense or defense of others to “prevent a violent or forcible felony involving danger to life or great bodily harm.” People also can shoot intruders inside a home, business or car even if there is no such threat — and need not make any effort to retreat.
That’s different from most states, which sanction physical force to prevent imminent physical danger and deadly force only when there is reasonable fear of “serious physical injury or death” — and the person in danger is otherwise unable to first safely retreat.
South Carolina, for example, limits bystanders to using deadly force only in instances where the victim “is in imminent danger of being murdered by the assailant, if the assault is malicious and unprovoked and with a deadly weapon” — and then only if there is “no other reasonable means of escape” and the victim and bystander are “without legal fault in bringing on the difficulty.”
“Louisiana has the broadest self-defense law in the country,” said Stuart Green, an LSU law professor who specializes in criminal law. “The questions raised in this case are, ‘Was the police officer in imminent danger of losing his life or suffering great bodily harm?’ and ‘Was the killing necessary to save him?’ But even if it wasn’t, the issue in this state is whether his purpose was preventing a violent forcible felony involving danger to life or great bodily harm. And I think you can make a good argument for that.”
Perry Stephens, 56, shot 24-year-old George Temple II four times in the chest cavity and once in the head after seeing him in a struggle over a traffic violation with Officer Brian Harrison, 32, on Feb. 17 outside an Auto Zone on Greenwell Springs Road.
Investigators have said Stephens — who was wearing a neck brace and using a cane — retrieved a gun from his car after hearing Harrison yell for help. After hearing shots, he asked Temple to get off Harrison and shot him four times when Temple did not comply. Stephens again unsuccessfully ordered Temple to retreat, then fired a fatal shot into his head, investigators said.
The East Baton Rouge Parish Sheriff’s Office continues to investigate the matter; the District Attorney’s Office ultimately will decide whether to pursue charges.
The National Association for the Advancement of Colored People publicly has called for an independent investigation by the U.S. Justice Department, but has not made a formal request.
Louisiana law allows people to step in and use deadly force to defend someone else as long as the victim would have been legally justified in doing so. Still, authorities say such cases are rare.
Observers are divided on whether Stephens legally was justified in shooting Temple to protect Harrison, saying there are a number of issues prosecutors or a grand jury may explore before deciding whether to press charges.
Pete Adams, executive director of the Louisiana District Attorneys Association, said the case likely will come down to whether the police officer truly was in danger of great bodily harm or death.
Temple was not armed with his own gun, but family and friends have described him as an athlete who enjoyed boxing. Investigators have not said whether there was a struggle for Harrison’s gun, although the officer — who suffered facial contusions and possibly a broken jaw — did shoot the businessman once in the abdomen during the struggle.
“My understanding is this case is going to turn on the facts, and if the facts demonstrate that the circumstances were such that the bystander had a reasonable belief the officer was in danger of great bodily harm or possibly even death, he was entitled to use deadly force against the perpetrator,” Adams said. “Not knowing what happened, it’s hard to make a judgment. That’s why we have the district attorney and the grand jury investigate.”
Baton Rouge defense attorney Jim Boren said that if Temple had brandished a weapon, “it would make the investigation a lot clearer.”
Louisiana case law, Boren notes, does recognize both the hands and even the ground as a dangerous weapon that can commit great bodily harm. But based on media reports, the lawyer contends there still may be a question as to whether five gunshots were necessary to guarantee the safety of the officer.
“The issue here is whether the police officer would have had the right to use that kind of force to protect himself,” Boren said. “One of the issues to look at is, ‘Was it necessary to kill him after he was shot and obviously going to be disabled after too long?’ The way we look at it when a client is charged with shooting someone is, ‘Could they have run, retreated or used less-dangerous force?’ The reasonable man standard applies here — whether the good Samaritan believes that four shots might have saved the police officer rather than five.”
LSU’s Green agreed, but added that if Stephens ordered Temple to stop before shooting him, Stephens’ legal defense might be that the shooting “really was necessary or he would have continued pummeling the officer.”
Col. Greg Phares — chief criminal deputy for the East Baton Rouge Parish Sheriff’s Office — would not comment on the incident, but did say such investigations typically center on determining whether “the facts fit within the legal parameters of justifiable homicide.”
“The difficult thing about these cases is that typically the person committing the act is a law-abiding citizen or law-enforcement officer — a good person who is put into desperate circumstances they had to react to,” he said. “That’s why it’s so important that we do a thorough and professional investigation.”
Phares said he thinks Louisiana’s defense-of-others law “is good on this point because it pretty well tracks what most people think is the moral right.”
It’s that law that convinces Stephens’ own attorney, Thomas Damico, that the shooting ultimately will be deemed legal.
“As I understand the law, if the person reasonably believes that it is apparent his actions are necessary for the defense of another who is subject to death, he is completely justified,” Damico said. “I don’t think there’s any doubt in this one. It was a graduated response coming to the aid of someone Mr. Stephens felt was in grave — possibly life-threatening — danger.”
Yeah, and them damn SUVs run around on the ground too.
And why the hell should I retreat from a criminal? It's 'academics' like this that has led to the pussification of America.
Retreat from a criminal, how absurd.
Well, if the attacker is about to push you off a 10 story building, I figure the ground is about as dangerous as things get. It ain't the fall, it's the sudden stop.
The Baton Rouge chapter of the NAACP wants the U.S. Justice Department to conduct an independent investigation into the death of George Temple II, killed by a witness during a scuffle with a Baton Rouge police officer Friday.
Amen to that! Thank goodness that in these parts, the perps rights end when he crosses the threshold. Once the door is locked and the alarm is set, anything coming through a door or window is considered a target.
Deadly force in Virginia: Deadly force cannot be used in self defense unless there is a reasonable fear that the person is in danger of being killed or suffering great bodily harm. Being nearly 60 years old, I reasonably believe that “great bodily harm” will result from just about any use of force against me. If I am protecting another person from death of great bodily harm I reasonably believe that if the assailant is using anything other than verbal threats great bodily harm may result.
Bill Makes Deadly Force Legal When Defending Property (South Carolina)
POSTED: 8:30 am EST February 10, 2006
COLUMBIA, S.C. -- The House has passed a bill that lets residents use deadly
force to defend their homes, businesses and vehicles against attackers
without fear of being prosecuted or sued.
The House unanimously sent the measure to the Senate Thursday.
The proposal would put into law what is already precedent through past court
cases and expands what is defendable to include businesses and vehicles.
I'm a mere youngster (51) but I have come to the realization as I grow older that a real youngster (say 20 or so) of the relatively large variety could easily kill me with one good punch. I saw an example of exactly that on TV the other night.
Okay, for those other states that require "retreat," if I'm in my house, where the heck am I supposed to "retreat" to? The fallout shelter I haven't dug yet? Out a window into the waiting arms of an accomplice?
No, my home IS my final retreat. That's what the four walls, door and locks are for.
And why does that not surprise me?
Why can't a POS just be a POS, without bringing in the color of the POS's skin?
Is that concept just too much for their feeble minds to comprehend?
It seems that the NAACP just mindlessly reacts to any incident of this nature as one that just must be, cannot be anything other than a racial discrimination situation, with the mindset that the stupid dead perp is a victim of some kind, just 'cause he's black.
Temple was not armed with his own gun, but family and friends have described him as an athlete who enjoyed boxing. Investigators have not said whether there was a struggle for Harrison’s gun, although the officer — who suffered facial contusions and possibly a broken jaw — did shoot the businessman once in the abdomen during the struggle.
“My understanding is this case is going to turn on the facts, and if the facts demonstrate that the circumstances were such that the bystander had a reasonable belief the officer was in danger of great bodily harm or possibly even death, he was entitled to use deadly force against the perpetrator,” Adams said.
“Not knowing what happened, it’s hard to make a judgment. That’s why we have the district attorney and the grand jury investigate.”
A broken jaw is not great bodily harm?
"Temple was not armed with his own gun...."
HELLO! Was he armed or not? (stupid reporter)
"...but family and friends have described him as an athlete who enjoyed boxing."
As as a "Boxer" his fists were DEADLY Weapons.
"although the officer — who suffered facial contusions and possibly a broken jaw — did shoot thebusinessmanperpetrator once in the abdomen during the struggle."
Okay so here we have a BOXER, still beating the crap out of cop after he was already shot ONCE in the gut. (Some "businessman". Wonder what his 'business' was, beating cops for kicks maybe?)
"Stephens ... retrieved a gun from his car after hearing Harrison yell for help. After hearing shots, he asked Temple to get off Harrison and shot him four times when Temple did not comply. Stephens again unsuccessfully ordered Temple to retreat, then fired a fatal shot into his head, investigators said."
Lemme see if I have this straight...
And the problem is exactly what..........????
No problemo!
He was an honor student, too, I think. Just starting to turn his life around, I believe.
"Ironically, despite the liberal self-defense laws, New Orleans had the highest homicide rate in the country in 2005, for cities over 250,000. Whole lot of killin' goin' on down in the Big Easy."
Yeah, but the great majority of it was gang on gang or otherwise drug related.
Being able to defend yourself in your automobile, was in response to the car jackings down there, of which there were many.
Sounds similar to Texas law, although perhaps a bit more restrictive on the defender.
Well they did do that, didn't they. Given that the officer himself felt threatened enough to shoot the perp in the gut, I'd say that the citizen who came to his aid was justified in so believing.
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