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Micki Zalatimo, who spoke during an August bond hearing for the woman who claims self-defense in her son's fatal stabbing, has argued that A'Kara Edwards' use of force against 22-year-old Alex Whipple wasn't necessary. (FILE/ANDREW KNAPP/STAFF)

About the law

The S.C. Protection of Persons and Property Act recognizes that a persons home, vehicle and business is his castle.

A person is presumed to have a reasonable fear of ... death and can use deadly force if an unlawful intruder is forcefully trying to enter a home or if the person has reason to believe that a forceful act is occurring or has occurred. But this presumption of fear does not apply if the person against whom the deadly force is used has the right to be in or is a lawful resident of the dwelling.

A person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be ... has the right to stand his ground ... if he reasonably believes it is necessary to prevent serious injury or a violent crime.

A person who lawfully uses deadly force is immune from criminal prosecution and civil lawsuits.

Source: S.C. law

Alex Whipples mother doesnt want his life reduced to the value of a 2006 Ford.

He and his girlfriend, AKara Edwards, were bickering Aug. 4 at Edwards North Charleston home. He had been drinking that morning.

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S.C. 'stand your ground law' key to domestic violence murder case

Guilty ... Michael Dunn raises his hands in disbelief as he looks toward his parents after the verdicts were announced in his trial in Jacksonville, Florida.

Jacksonville, Florida: In failing to acquit or convict Michael Dunn on the most significant charge the premeditated murder of a teenager in a dispute over loud music a jury on Saturday may have run headlong into the breadth and reach of Floridas contentious "stand-your-ground" self-defence law.

In their 30 hours of deliberation, the 12-member panel wrangled with a question that cuts to the heart of all self-defence claims: How does a juror know when using lethal force is justified, where nothing is straightforward, memories are hazy or contradictory and perception counts as much as fact?

Even as the jury agreed to convict Dunn of attempted murder, it found no consensus on murder.

Jordan Davis' mother, Lucia McBath, leaves the courtroom with her husband Curtis McBath during the trial of Michael Dunn in Jacksonville, Florida.

In the courtroom, Dunn told the jury he shot Jordan Davis, 17, after the teenager pointed a shotgun at him from the window of a sport utility vehicle, threatened him and then got out of the truck. The two cars were parked side by side in front of a petrol station convenience store.

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But the prosecution said there was no shotgun: No witness saw one, the three teenagers who were in the vehicle with Jordan said they did not have a shotgun, and the police never found one. While Dunn fired 10 rounds at the teenagers on November 23, 2012, no one ever shot back.

Rather, the prosecution argued, Dunn shot Jordan because he became enraged after the teenager disregarded his request to turn down the loud rap music blasting from the vehicle and then mouthed off, hurling expletives at him. He fabricated a story about the shotgun to bolster his self-defence claim, they added.

Widespread anger ... Jacob Black ducks his head behind a sign outside of the Duval County Courthouse during the trial of Michael Dunn.

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Stand your ground law complicated jurys job in Michael Dunn trial

By The Associated Press - Associated Press - Wednesday, December 17, 2014

The murder trial of a Montana man who shot and killed 17-year-old German exchange student Diren Dede in his garage tested a state law that gives a person the right to use force or threaten to use force to protect his or her own home from unlawful entry or attack, particularly a provision known as stand your ground. Markus Kaarma unsuccessfully invoked the law in his defense, saying he was protecting his family and property. He was convicted of deliberate homicide Wednesday. Heres a brief explanation of the law and controversy surrounding it.

AN OLD LAW CHANGES, SPARKING DEBATE

Montanas self-defense law has been on the books in some form since the 19th century. In 2009, it was amended to eliminate the restriction that a person was justified in using force only when entry is made or attempted in violent, riotous, or tumultuous manner. It also was changed to state that a person who is threatened with physical harm has no duty to retreat or summon law enforcement assistance prior to using force. Shortly after Dedes death, a state legislator proposed legislation striking the 2009 changes, arguing they encourage vigilante justice. Gary Marbut, of the Montana Shooting Sports Association, has said it is premature to say the law needs to be fixed. Marbut, who helped draft the 2009 changes, had argued that if Kaarma was convicted, it would prove the law was working fine.

A LEGAL MOVEMENT THAT BEGAN IN FLORIDA

Montana is just one of about half the 50 U.S. states that have enacted stand your ground laws, starting with Florida in 2005. The laws have strong backing from gun rights groups, including the powerful National Rifle Association. But the Floridas law came under intense scrutiny during the trial of neighborhood watchman George Zimmerman, who was the acquitted in the 2012 shooting death of unarmed black teenager Trayvon Martin. Other cases have called into question laws in Minnesota, Colorado, North Carolina and other states.

See original here:
AP EXPLAINS: Montana's 'stand your ground law'

Photo by Wikimedia Commons

Floridas Stand Your Ground law might be expanding, thanks to a case being brought before the State Supreme Court.

According to Reuters, Jared Bretherick was arrested and charged with aggravated assault back in 2011 for pointing a pistol at a man during a road-range incident. If the court rules in his favor, the burden of proof would shift to the prosecutor to show that a defendant invoking the laws protection didnt act in self-defense.

Court documents reveal that Bretherick was riding with his family when his vehicle was almost sideswiped by an SUV driven by Derek Dunning near Orlando. The Bretherick family claimed Dunning cut them off, stopped his SUV in front of them and jumped out of his vehicle.

Ronald Bretherick, Jareds father and the driver of the vehicle, called 911 and showed his concealed carry handgun to warn Dunning off.

Dunning got back into his car, but, according to the Bretherick family, he started backing up his SUV toward them. Thats when Jared took his fathers gun and stood next to their vehicle.

Deputies said Jared was pointing the gun at Dunnings SUV when they arrived. No shots were fired.

As Reuters reports, Jared says he was protecting his father by staying next to the SUV, who is a disabled veteran, until police arrived.

Stand Your Ground immunity was denied at a hearing in 2012, on the grounds that Dunning wasnt committing a violent crime and had gone back to his vehicle. Bretherick appealed, and an appellate court is asking the Florida Supreme Court to decide on burden of proof.

Read more: http://news.yahoo.com

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Florida Court Mulls Change to 'Stand Your Ground' Law

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 ...