Jury deems killing justified
By Kelli Esters
[email protected]
JUSTIFIABLE HOMICIDE
The 2006 Legislature passed a bill that expands gun owners' rights to use deadly force against someone invading their home, business or vehicle. Senate Bill 2426 was signed by Gov. Haley Barbour and goes into effect July 1.
The bill is online at
http://billstatus.ls.state.ms.us/documents.
For the second time in six months, a Hinds County grand jury has declined to indict a person who killed another while defending his home or business.
In the latest case, the grand jury said Fred James Perry, 55, owner of Livingston Towing & Recovery at 3228 Medgar Evers Blvd. in Jackson, should not be prosecuted for fatally shooting suspected burglar Timothy Darby, 36, of Jackson on Dec 17.
Police did not arrest Perry in Darby's death but did charge him as a felon in possession of a firearm because of Perry's 1982 conviction for armed robbery.
But the grand jury also returned no indictment on that charge.
"We presented to the grand jury on both a felon in possession of a firearm and the homicide, and they returned a no bill (didn't indict) on both charges," Hinds County District Attorney Faye Peterson said. "Why, I don't know. We thought they might convict on the felon in possession of a handgun."
But Peterson said the grand jury may have looked at the circumstances of the case and decided not to indict on either charge.
Perry saw Darby on his lot late the night of Dec. 17 attempting to break into a vehicle, Jackson police said. Words may have been exchanged between the two before Perry fired one shot that hit Darby.
Darby was pronounced dead at the scene from a gunshot wound to the left shoulder, Hinds County Coroner Sharon Grisham-Stewart said.
A woman who identified herself as Perry's wife said Monday they did not want to comment about the fatal shooting, but then added that Jackson is a high-crime area.
"We are going to support the city officials, police and district attorney," she said. "They are working hard to do what they have to do."
In a Nov. 27 shooting, Jackson homeowner Cedric Marshall wasn't indicted in the death of Marcus D. Rawls, 23, also of Jackson.
Marshall was indicted in March on gun and possession-of-cocaine charges from an Oct. 14 arrest.
Police found Rawls dead on the porch at 464 Willaman St. at 4:36 a.m. Nov. 27. He was wearing a ski mask and gloves. He died from a gunshot wound to the head, Grisham-Stewart said.
Published reports said Marshall thought two men were trying to break into his home and shot through the door to scare away the intruders.
Police would not say at the time of the shooting if Rawls was accompanied by anyone else.
Under current Mississippi law, a citizen can legally kill someone when resisting an attempt to commit a felony upon the person or in that person's dwelling. A killing also is justified if a person thinks there is imminent danger of a felony being committed or the infliction of great personal injury upon him.
A new law passed by the 2006 Legislature expands the self-defense law to an occupied vehicle, place of business, place of employment or in the immediate premises. It goes into effect July 1.
A person deemed not guilty of any crime, under the new law, would be immune from civil liability.
Source:
http://www.clarionledger.com/apps/pbcs.dll/article?AID=/20060509/NEWS/605090389/1002/NEWS01