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A stand your ground defense motion for a former Eutawville police chief has been denied, opening the path for prosecutors to move forward on a criminal charge.
Circuit Court Judge Ed Dickson has determined former Police Chief Richard Combs did not meet the elements of the states stand your ground laws when he killed a person in the town hall parking lot.
Mr. Combs has failed to establish that he is entitled to claim self-defense as he did not show that he was without fault in bringing about the difficulty, the order states.
South Carolinas stand your ground laws are an extension of the states Castle Doctrine, which says a person engaged in a confrontation has no obligation to retreat any further if hes on his own property. An individual can claim self-defense when not on their own property only under specific circumstances under the stand your ground law.
In August 2013, Combs was indicted by an Orangeburg County grand jury on a charge of misconduct in office in connection with the 2011 shooting death of Eutawville resident Bernard Bailey.
The shooting occurred on May 2, 2011 in the town hall parking lot after a confrontation over a warrant for Baileys arrest. Combs and Bailey got into a scuffle inside the drivers door of Baileys truck as the Eutawville man tried to leave. Combs then shot him several times.
The indictment against Combs says the former police chief unlawfully used deadly force ... shooting and killing Bernard Bailey, when deadly force was not necessary, during the confrontation.
Bailey had gone to the town hall to talk with Combs about a traffic ticket given to Baileys daughter, Briana Bailey, six weeks earlier. Bailey walked out to his truck after Combs told him he had a warrant against him for obstruction of justice.
Through his attorneys, Combs made the motion for immunity from prosecution in a Nov. 18 hearing in front of Dickson. Combs testified he had no other options than to shoot Bailey during a struggle inside the Eutawvilles mans open truck door.
Its your testimony you were trapped in that door and could not get out? defense attorney John OLeary said at the hearing.
Read more here:
Judge: No stand your ground defense in shooting: Ex-Eutawville police chief must face misconduct charge in Bernard ...
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