South Carolina CWP shooter acquitted
June 13, 200913 JUNE 2009
I went through the Concealed Weapon Permit training recently and I like to read about legal cases involving CWPs so I can be as informed as possible (carrying a gun being a huge responsibility and all that). This case is particularly more interesting since it happened in Garden City, SC, where I will be in a few days.
I'm going to try not to make any hard judgments about the case since I was not at the trial and don't know all the evidence. From what I know after reading the article, a store owner in Garden City and a customer had an argument about the customer's kids playing in the store. The customer bumped the store owner and shoved him. This was recorded on video, so it's sturdy evidence.
Now, it's important to note that at this point, the customer became guilty of a crime (assault and battery).
I don't know how big these two guys were compared to each other, but generally speaking, I would probably not brandish a gun at one person charging at me without a weapon -- I'd just find some other way to disable him. On the other hand, if I had just shoved a guy and he pulled a gun on me, the last thing I would do is charge at him.
The shooting was a terrible thing, and it's horrible for the customer's family, but SC law appears to be on the store owner's side in this case, and the jury found him not guilty of murder and manslaughter.
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STATE OF SOUTH CAROLINA
STATE LAW ENFORCEMENT DIVISION (SLED)
USE OF FIREARMS OR OTHER WEAPONS
As a general matter, before using deadly force, even for self-defense, there are situations in which you have no duty to retreat. These include:
in addition to in your home, there is no duty to retreat within your home’s curtilage. State v. Jackson, supra, or beyond the curtilage. State v. Quick, 138 S.C. 147, 135 S.E. 800 (1926).
in your place of business, even if the aggressor also has a right to be there. State v. Kennedy, 143 S.C. 318, 141 S.E. 559 (1928).
Sources
http://www.thestate.com/crime/story/824465.html
http://www.sled.sc.gov/Reciprocity.aspx?MenuID=CWP#1
I went through the Concealed Weapon Permit training recently and I like to read about legal cases involving CWPs so I can be as informed as possible (carrying a gun being a huge responsibility and all that). This case is particularly more interesting since it happened in Garden City, SC, where I will be in a few days.
I'm going to try not to make any hard judgments about the case since I was not at the trial and don't know all the evidence. From what I know after reading the article, a store owner in Garden City and a customer had an argument about the customer's kids playing in the store. The customer bumped the store owner and shoved him. This was recorded on video, so it's sturdy evidence.
Eliyahu (store owner) said Pope confronted him, "shoulder bumped" him and then put his hand on Eliyahu's neck and shoved him before the group left the store. That incident was caught on the store's security system.
Now, it's important to note that at this point, the customer became guilty of a crime (assault and battery).
Eliyahu said he immediately called 911 dispatch and followed the family outside to get their license plate number.
Eliyahu said Pope threatened him in the parking lot and charged at him, prompting Eliyahu to pull his gun from his pants and he shouted at Pope to leave the property. Eliyahu said Pope charged at him and he shot Pope.
Eliyahu had a permit to carry a concealed weapon and testified he'd carried the gun for about a year for protection before the incident.
I don't know how big these two guys were compared to each other, but generally speaking, I would probably not brandish a gun at one person charging at me without a weapon -- I'd just find some other way to disable him. On the other hand, if I had just shoved a guy and he pulled a gun on me, the last thing I would do is charge at him.
The shooting was a terrible thing, and it's horrible for the customer's family, but SC law appears to be on the store owner's side in this case, and the jury found him not guilty of murder and manslaughter.
--
STATE OF SOUTH CAROLINA
STATE LAW ENFORCEMENT DIVISION (SLED)
USE OF FIREARMS OR OTHER WEAPONS
As a general matter, before using deadly force, even for self-defense, there are situations in which you have no duty to retreat. These include:
in addition to in your home, there is no duty to retreat within your home’s curtilage. State v. Jackson, supra, or beyond the curtilage. State v. Quick, 138 S.C. 147, 135 S.E. 800 (1926).
in your place of business, even if the aggressor also has a right to be there. State v. Kennedy, 143 S.C. 318, 141 S.E. 559 (1928).
Sources
http://www.thestate.com/crime/story/824465.html
http://www.sled.sc.gov/Reciprocity.aspx?MenuID=CWP#1
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