A Tennessee man shot and killed an armed intruder who entered his home. Even though he and his family were safe after all the events transpired, they are still dealing with the repercussions of the shooting.
Any time self-defense is claimed, the investigation must carefully consider all of the evidence to ensure that no crime was actually committed in the shooting.
While self-defense is a legitimate legal defense to a killing in Tennessee, any action involving a weapon that results in the death of another person will undergo close scrutiny by authorities.
Forensic evidence that may include, the position of the gun when it was fired, evidence collected from the intruder such as weapons he had with him, footprints that may show the position of the parties at the time the accident occurred and testimony from other people on the scene will affect the decision to file charges.
Other factors include the opinion of law enforcement and the local district attorney as to whether the gun was fired in self-defense, according to the legal definition of the term.
One standard that is considered, is whether there was a perception of “imminent danger” to the person who pulled the trigger or anyone else in the proximity such as his family members in this case.
With these things in mind, it’s extremely important to seek legal counsel if you or a loved one is ever charged with a crime or, as in this case, just being investigated. You need an experienced criminal defense attorney to stand by your side to be your advocate.
Source: The Tennessean, “Antioch man wants truce in self-defense shooting,” Jordan Buie, Nov. 15, 2014