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MEMPHIS: With more people carrying guns, self-defense killings on increase
Memphis Commercial Appeal ^ | 1/5/8 | Christopher Conley

Posted on 01/05/2008 11:41:22 AM PST by SmithL

The number of justifiable homicides in Memphis jumped from 11 in 2006 to 32 in 2007.

No one is sure why, but one man has a theory.

"The thugs have started running into people who can protect themselves," said Tom Givens, owner and instructor at the firearms training school RangeMaster, 2611 S. Mendenhall in Memphis.

Police detectives and prosecutors don't think it's that simple, and they acknowledge the spike could be a one-time occurrence.

"It's hard to put your finger on it," said police Lt. Joseph Scott. "There are more handgun carry permits, there is more education, but you can't say that's the reason."

More people are getting carry permits and more people know their rights. As many as 35,000 people in Shelby County have carry permits, which means they have had some training on the laws governing self-defense.

The education, Givens says, is "trickling down" to friends and family members.

There were 19 fewer criminal homicides in 2007 compared to 2006. There were fewer gang killings as well, which are less likely to be viewed as justified, and there were fewer beating deaths, which, again, are rarely justifiable.

But there were more deadly shootings by law enforcement officers last year -- four by Memphis police, including one by an officer assigned to a federal fugitive task force. There was also one by a Shelby County sheriff's deputy and one by a University of Tennessee officer. All were found to be what internal affairs investigators term "good shoots."

Tennessee law gives citizens the right to defend themselves if they have a reasonable and imminent fear of harm from a carjacker, rapist, burglar or other violent assailant. They can also employ deadly force to protect another person.

And while a diminishing number of states require citizens to try to avoid a confrontation before using deadly force, Tennessee does not have such a "retreat law."

When someone claims self-defense, it is the burden of the prosecutors to refute that claim. Tie goes to the shooter.

"The state has to prove it was not justified. ... We have the burden of proof," said Asst. Dist. Atty. Tom Henderson, a member of the review team that determines whether killings are justified.

Even if the shooting is found to be justified, the shooter often suffers trauma. Even if the shooter is a police officer.

Henderson has seen one trend: "The more the public is afraid of crime, the less concerned they are with criminals being shot." But he can't say that has affected the totals for justifiable homicides.

When someone claims self-defense, detectives often have to dig to determine what happened.

They look at the forensic evidence to see if it matches up with the shooter's story. What does the gunshot look like? Is it at the right angle, the right distance? Did anyone see a gun?

Recently, a killing that looked like a case of a citizen defending himself and his girlfriend from a burglar had an odd twist.

Investigators said Antionita Clay, 31, called boyfriend Christopher Jones and told him someone had broken into her home and might still be there.

Jones went to Clay's Camelot Lane apartment and confronted Asa Marmon, 22, who had a stun gun. When Marmon lunged at Jones, Jones shot him.

Clay filed a burglary report and denied knowing Marmon, but investigators quickly learned that Clay and Marmon were involved sexually.

Clay told police she knew Jones had a handgun and she wanted Jones to scare Marmon.

Jones told police he thought he was confronting a burglar or rapist based on what Clay told him. Prosecutors decided Jones was justified in killing Marmon, but they still charged Clay on Dec. 28 with reckless homicide.


TOPICS: Constitution/Conservatism; Crime/Corruption; Editorial; US: Tennessee
KEYWORDS: 2ndamendment; apolitesociety; banglist; ccw; homicides; rkba; selfdefense
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To: SmithL
The number of justifiable homicides in Memphis jumped from 11 in 2006 to 32 in 2007.
...

There were 19 fewer criminal homicides in 2007 compared to 2006. There were fewer gang killings as well, which are less likely to be viewed as justified, and there were fewer beating deaths, which, again, are rarely justifiable.

Cause and effect.

41 posted on 01/05/2008 3:52:32 PM PST by Bubba_Leroy ("I believe in Santa Claus. I believe in the tooth fairy." - John Edwards)
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To: Dick Vomer
Police detectives and prosecutors don't think it's that simple, and they acknowledge the spike could be a one-time occurrence.

yeah, it's a one time occurrence for the dead criminal...easy. They don't have a problem with recidivism .

The spike is probably a result of there having been some dumb criminals trying to commit crimes in Memphis. Since those dumb criminals won't be trying to commit crimes next year, they won't get killed again.

42 posted on 01/05/2008 3:56:25 PM PST by supercat (Sony delenda est.)
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To: Crawdad
Working from that "level playing field"...

"A metaphorical playing field is said to be level if no external interference such as government regulations affects the ability of the players to compete fairly."

43 posted on 01/05/2008 4:08:30 PM PST by LucyJo
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To: UCFRoadWarrior

>Seems a lot of management cops are against self-defense. Fewer murders and crimes means fewer police jobs.<

That’s the way I would read it.


44 posted on 01/05/2008 4:57:52 PM PST by B4Ranch (( "Freedom is not free, but don't worry the U.S. Marine Corps will pay most of your share." ))
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To: SmithL; GailA

I remember growing up in MEM. It was the safest & cleanest city in America. You could eat off the sidewalks. All that changed after the ‘68 riots.
The city went to hell in a hand basket after the MLK assassination.


45 posted on 01/05/2008 6:41:36 PM PST by kellynla (Freedom of speech makes it easier to spot the idiots! Semper Fi!)
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To: SmithL

Justifiable homicides in Memphis nearly tripled from 2006 to 2007.

2007 2006 2005
Total 164 161 153
Non-Justifiable 132 150 141

Source: Memphis Police Department

So Murder rate was down 12% in Memphis in 2007, good news


46 posted on 01/05/2008 8:27:11 PM PST by TheEaglehasLanded
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To: Pontiac

Thank you for the follow-up on the previous thread.

Crazy stuff, I’m glad they’re charging the deceptive girlfriend.

As for the “brilliant” interpretation of justified homicide vs murder stats from the Memphis police management ... phffffffffffffffft!


47 posted on 01/05/2008 11:32:44 PM PST by Titan Magroyne ("Shorn, dumb and bleating is no way to go through life, son." Yeah, close enough.)
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To: SmithL
"There were 19 fewer criminal homicides in 2007 compared to 2006."

And 21 more justifiable homicides.

Coincidence?
I don't think so!

48 posted on 01/06/2008 7:41:52 AM PST by Redbob
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To: jan in Colorado

ping


49 posted on 01/06/2008 6:25:03 PM PST by Gondring (I'll give up my right to die when hell freezes over my dead body!)
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To: silentreignofheroes

Maybe he should call the ACLU since his Constitutional Rights have been violated and he has no one to represent him.


50 posted on 01/17/2008 12:50:51 PM PST by willyd (Tickets, fines, fees, permits and inspections are synonyms for taxes)
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To: willyd

All charges were dropped..Alabama is an open carry state. A 2A lawyer was taking the case pro bono..

Sad when cops don’t know the law..


51 posted on 01/17/2008 3:19:02 PM PST by silentreignofheroes (I'm Southron,,,and I Vote...)
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