Help me understand why the homeowner has been charged.

[billyblazes]

Morristown homeowner accused of fatally shooting intoxicated intruder

"Officials said the incident turned into a fight between the homeowner and the intoxicated intruder. An incident report stated the altercation led to shots being fired before officers arrived." "Wallace was arrested and faces charges of voluntary manslaughter."

https://www.wvlt.tv/2021/07/30/morristown-homeowner-accused-fatally-shooting-intoxicated-intruder/

I'm sure the news article does not paint a complete picture, but I would think a violent encounter with a drunk stranger in one's own home would be justifiable self-defense.  I'm at a loss as to why the homeowner was arrested.

[Snaveba]

It could be that the victim was found outside the home. If that is the case, then it might be harder to justify the shooting. Maybe witnesses indicated that the homeowner escalated the situation. The report did not give enough info. 

[Quavodus]

I'm sure there's things that have been left out of the article. Important points.

[Chucktshoes]

This is definitely a case of “not enough information.”

 

[FUJIMO]

The version I heard from another morning news channel alluded to them knowing each other which could change the look of the situation .

[chances R]

In general fist fights that turn into shootings are not a good thing.  Unless there are extenuating circumstances, deadly force isn't acceptable.  Additionally, even with stand your ground law in TN, avoidance can be deemed the more reasonable thing to do and put the shooter in an unfavorable position for self defense.  Will be an interesting story to follow.

[billyblazes]

On 7/31/2021 at 1:06 PM, Snaveba said:

It could be that the victim was found outside the home. If that is the case, then it might be harder to justify the shooting. Maybe witnesses indicated that the homeowner escalated the situation. The report did not give enough info. 

Very valid point. Where the article used the word “intruder“ my mind goes to someone who has entered into the home versus someone who has trespassed onto property. An inference I made that could be way off regarding this situation. 

[RED333]

I wont even try to guess, at least till more info is made available.

[bobsguns]

Quote

intoxicated man that allegedly entered his property.

 

"Property" means plot of land in my world, not home. Wholly illegal to shoot someone on your property when they have no weapon or are not actively beating on you. Dead guy could've been screaming anything or threatening anything but still not legal to shoot him IF he's outside the home itself. (All this is from an ADA in Metro Nashville, not my opinion.)

Quite honestly, I'm surprised the Tec-9 worked............. 

[Grunt67]

On 7/31/2021 at 2:48 PM, Chucktshoes said:

This is definitely a case of “not enough information.”

 

This:

[Worriedman]

TCA 39-11-611

Self defense Statute

(a) (3) “Curtilage” means the area surrounding a dwelling that is necessary, convenient and habitually used for family purposes and for those activities associated with the sanctity of a person's home;
 

(b)

(1) Notwithstanding § 39-17-1322, a person who is not engaged in conduct that would constitute a felony or Class A misdemeanor and is in a place where the person has a right to be has no duty to retreat before threatening or using force against another person when and to the degree the person reasonably believes the force is immediately necessary to protect against the other's use or attempted use of unlawful force.

 

Not to argue with the ADA from Metro Nashville, but he does not get it.

[tnhawk]

As usual, media gives a story without necessary facts.  

[DasVidaniya]

Homeowner saw drunk man in his yard.  Homeowner confronted man.

They fought.  Drunk man whupped homeowner.

Homeowner went inside, got a KelTech 9mm and shot drunk man in the head.

Charged with Manslaughter.

[docachna]

On 11/24/2021 at 1:28 PM, Worriedman said:

TCA 39-11-611

Self defense Statute

(a) (3) “Curtilage” means the area surrounding a dwelling that is necessary, convenient and habitually used for family purposes and for those activities associated with the sanctity of a person's home;
 

(b)

(1) Notwithstanding § 39-17-1322, a person who is not engaged in conduct that would constitute a felony or Class A misdemeanor and is in a place where the person has a right to be has no duty to retreat before threatening or using force against another person when and to the degree the person reasonably believes the force is immediately necessary to protect against the other's use or attempted use of unlawful force.

 

Not to argue with the ADA from Metro Nashville, but he does not get it.

To put it mildly, assuming that is what the ADA said. Things do get lost in the translation. If that is an exact quote, then this ADA has a problem understanding the law.

[chances R]

Totally avoidable by the homeowner.  He left the intruder and was in the safety of his own home.  Came back out armed and shot the guy.  Should have called the police.  IMO, stupid, murder.  Will have a lot of time sitting in a cell figuring other options he should have taken.

[Quavodus]

Yeah, if he went back in the house, he shouldn't came back out with a gun and killed him. Should've just called cops to let them take care of it.

[JLee19]

Yeah I wouldn't trust a news article, we all know how they are with bias. Police report or a more consistent source of information is what I'd wait for

[Links2k]

11 minutes ago, JLee19 said:

Yeah I wouldn't trust a news article, we all know how they are with bias. Police report or a more consistent source of information is what I'd wait for

I wouldn’t put too much trust in the news or a police report. If I’m on the jury, based upon the information available the homeowner is going to jail. Stay in the house and call the cops.