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http://www.commercialappeal.com/news/2008/jan/05/justifying-homicide/
With more people carrying guns, self-defense
killings on increase
By Christopher Conley
Saturday, January 5, 2008
The number of justifiable homicides in Memphis jumped from 11 in 2006 to 32 in 2007.
No one is sure why, but one man has a theory.
"The thugs have started running into people who can protect themselves," said Tom
Givens, owner and instructor at the firearms training school RangeMaster, 2611 S.
Mendenhall in Memphis.Police detectives and prosecutors don't think it's that simple, and they acknowledge the
spike could be a one-time occurrence.
"It's hard to put your finger on it," said police Lt. Joseph Scott. "There are more
handgun carry permits, there is more education, but you can't say that's the reason."
More people are getting carry permits and more people know their rights. As many as
35,000 people in Shelby County have carry permits, which means they have had some
training on the laws governing self-defense.
The education, Givens says, is "trickling down" to friends and family members.
There were 19 fewer criminal homicides in 2007 compared to 2006. There were fewer
gang killings as well, which are less likely to be viewed as justified, and there were
fewer beating deaths, which, again, are rarely justifiable.
But there were more deadly shootings by law enforcement officers last year -- four by
Memphis police, including one by an officer assigned to a federal fugitive task force.
There was also one by a Shelby County sheriff's deputy and one by a University of
Tennessee officer. All were found to be what internal affairs investigators term "good
shoots."
Tennessee law gives citizens the right to defend themselves if they have a reasonable
and imminent fear of harm from a carjacker, rapist, burglar or other violent assailant.
They can also employ deadly force to protect another person.
And while a diminishing number of states require citizens to try to avoid a confrontation
before using deadly force, Tennessee does not have such a "retreat law."
When someone claims self-defense, it is the burden of the prosecutors to refute that claim. Tie goes to the shooter.
"The state has to prove it was not justified. ... We have the burden of proof," said Asst.
Dist. Atty. Tom Henderson, a member of the review team that determines whether
killings are justified.
Even if the shooting is found to be justified, the shooter often suffers trauma. Even if
the shooter is a police officer.
Henderson has seen one trend: "The more the public is afraid of crime, the less
concerned they are with criminals being shot." But he can't say that has affected the
totals for justifiable homicides.
When someone claims self-defense, detectives often have to dig to determine what
happened.
They look at the forensic evidence to see if it matches up with the shooter's story. What
does the gunshot look like? Is it at the right angle, the right distance? Did anyone see a
gun?
Recently, a killing that looked like a case of a citizen defending himself and his
girlfriend from a burglar had an odd twist.
Investigators said Antionita Clay, 31, called boyfriend Christopher Jones and told him
someone had broken into her home and might still be there.
Jones went to Clay's Camelot Lane apartment and confronted Asa Marmon, 22, who
had a stun gun. When Marmon lunged at Jones, Jones shot him.
Clay filed a burglary report and denied knowing Marmon, but investigators quickly
learned that Clay and Marmon were involved sexually.
Clay told police she knew Jones had a handgun and she wanted Jones to scare
Marmon.
Jones told police he thought he was confronting a burglar or rapist based on what Clay
told him. Prosecutors decided Jones was justified in killing Marmon, but they still
charged Clay on Dec. 28 with reckless homicide.
- Chris Conley: 529-2595
Homicide, but justified
Justifiable homicides in Memphis nearly tripled from 2006 to 2007.
2007 2006 2005
Total 164 161 153
Justifiable 32 11 12
Source: Memphis Police Department
With more people carrying guns, self-defense
killings on increase
By Christopher Conley
Saturday, January 5, 2008
The number of justifiable homicides in Memphis jumped from 11 in 2006 to 32 in 2007.
No one is sure why, but one man has a theory.
"The thugs have started running into people who can protect themselves," said Tom
Givens, owner and instructor at the firearms training school RangeMaster, 2611 S.
Mendenhall in Memphis.Police detectives and prosecutors don't think it's that simple, and they acknowledge the
spike could be a one-time occurrence.
"It's hard to put your finger on it," said police Lt. Joseph Scott. "There are more
handgun carry permits, there is more education, but you can't say that's the reason."
More people are getting carry permits and more people know their rights. As many as
35,000 people in Shelby County have carry permits, which means they have had some
training on the laws governing self-defense.
The education, Givens says, is "trickling down" to friends and family members.
There were 19 fewer criminal homicides in 2007 compared to 2006. There were fewer
gang killings as well, which are less likely to be viewed as justified, and there were
fewer beating deaths, which, again, are rarely justifiable.
But there were more deadly shootings by law enforcement officers last year -- four by
Memphis police, including one by an officer assigned to a federal fugitive task force.
There was also one by a Shelby County sheriff's deputy and one by a University of
Tennessee officer. All were found to be what internal affairs investigators term "good
shoots."
Tennessee law gives citizens the right to defend themselves if they have a reasonable
and imminent fear of harm from a carjacker, rapist, burglar or other violent assailant.
They can also employ deadly force to protect another person.
And while a diminishing number of states require citizens to try to avoid a confrontation
before using deadly force, Tennessee does not have such a "retreat law."
When someone claims self-defense, it is the burden of the prosecutors to refute that claim. Tie goes to the shooter.
"The state has to prove it was not justified. ... We have the burden of proof," said Asst.
Dist. Atty. Tom Henderson, a member of the review team that determines whether
killings are justified.
Even if the shooting is found to be justified, the shooter often suffers trauma. Even if
the shooter is a police officer.
Henderson has seen one trend: "The more the public is afraid of crime, the less
concerned they are with criminals being shot." But he can't say that has affected the
totals for justifiable homicides.
When someone claims self-defense, detectives often have to dig to determine what
happened.
They look at the forensic evidence to see if it matches up with the shooter's story. What
does the gunshot look like? Is it at the right angle, the right distance? Did anyone see a
gun?
Recently, a killing that looked like a case of a citizen defending himself and his
girlfriend from a burglar had an odd twist.
Investigators said Antionita Clay, 31, called boyfriend Christopher Jones and told him
someone had broken into her home and might still be there.
Jones went to Clay's Camelot Lane apartment and confronted Asa Marmon, 22, who
had a stun gun. When Marmon lunged at Jones, Jones shot him.
Clay filed a burglary report and denied knowing Marmon, but investigators quickly
learned that Clay and Marmon were involved sexually.
Clay told police she knew Jones had a handgun and she wanted Jones to scare
Marmon.
Jones told police he thought he was confronting a burglar or rapist based on what Clay
told him. Prosecutors decided Jones was justified in killing Marmon, but they still
charged Clay on Dec. 28 with reckless homicide.
- Chris Conley: 529-2595
Homicide, but justified
Justifiable homicides in Memphis nearly tripled from 2006 to 2007.
2007 2006 2005
Total 164 161 153
Justifiable 32 11 12
Source: Memphis Police Department
