State law allows citizens to defend selves
Nancy Amons
December 30, 2002
B.J. Brown, the man who shot and killed a suspected carjacker in Antioch Sunday morning, will not face charges from Metro Police. The shooting has been classified as justifiable homicide.
Police say Brown was parked at the Golden Gallon off Haywood Lane when one of the carjack suspects jumped into the back seat of his Ford Explorer and threatened to kill him.
Police say Brown grabbed a .44 caliber revolver from his floorboard, jumped out, and shot the suspect in his backseat through the window. The suspect died at the scene.
Legal expert David Raybin says state law is clear that Tennesseans have the right to defend themselves.
"Self defense will allow you to use deadly force to protect yourself or a loved one, if you are reasonable fear of death or great bodily injury," said Raybin.
Raybin says the shooting would not be justified if the suspect had been fleeing. That's what happened in the case of the second carjacking suspect, 20-year-old David Lee Moore. He ran away and was caught by police.
"When they are running away and are no longer a threat, you cannot pursue them and kill them," said Raybin.
The dead suspected carjacker was identified by police Monday as Jerry Williams Jr., of Wallace Road, a 25-year- old with a police record, including two aggravated assault charges. Detectives now believe Williams was unarmed. Raybin says that doesn't matter. What matters is what the victim thought.
B.J. Brown declined to talk on camera. He told me Channel 4 he was sorry that it happened, but says, he had no doubt they intended to kill him.
"State law says you can be reasonably mistaken. Some folks say they'd rather be tried by 12 than carried by 6," said Raybin.
Raybin says a different set of laws apply if someone's breaking into your home. "You don't have to wait until they get inside. You can shoot to kill to protect yourself and your family."