Read the article.
The "warning shots" were fired at someone who
a) hadn't attacked (no weapon presented)
b) was fleeing
c) had violated property only.
Georgia is okay with this?
Arfin,
The 'shooting in the back' part of my post was directed at the post by bthest86 stating he had 'always been told' that shooting someone in the back was not allowed.
I've never seen 'warning' shots addressed in a Georgia statute or in Georgia case law. Even if Georgia is OK with warning shots, I think warning shots are a bad idea for many reasons even if they are completely legal.
I have never seen a statutory requirement in Georgia laws requiring the cessation of lethal force if the criminal is fleeing. A gas station owner I know chased a would-be robber from his station. As they ran he fired one shot into the ground while shouting,"Stop, or the next one will be into your back." The would-be robber stopped, turned around, and lunged for the station owner, shouting,"I'll make you eat that gun." The station owner replied,"Eat this." and fired one shot-striking the would-be robber through both lungs, the heart, and the liver. The station owner was taken to the local police station, questioned, and released. He was back at his business before 5PM, not arrested and never indicted. Reckon Georgia was OK with it.
As far as attacking goes with no weapon 'presented,' I know of no statutory requirement for a weapon to be even possessed, much less presented. You are allowed to use lethal force to prevent a forcible felony. The statutory definition of a forcible felony in Georgia is a felony in which force, or the
threat of force, is used.
As far as protecting property goes, the law has recently changed. I have not had the opportunity to discuss the new law with an attorney to make sure I understand what is meant by various terms in the statute. The statute appears to allow the protection of at least some property. Where the article stated that a vehicle is considered to be an extension of your home in Georgia...if a home is forcibly entered in Georgia by someone who is not a member of the household then lethal force is justified by statute to prevent the commission of further felonies. The statute does not require the intruder be armed, or protects him if he is in the process of fleeing. Nor does it require being in fear of death or of grave bodily injury. This law is only about three years old and I am not aware of any case law arising from it.
The robber who was killed by the gas station owner died at the scene of the shooting. His family tried to sue for wrongful death. The family could not find an attorney who would take the suit on a contingency fee basis. The attorneys all wanted their fee up front and in cash. For a simple reason-the attorneys knew there would be no award from a jury to obtain a fee from.
You know what it would be like here in NY. Sometimes it feels like the perps designed the system.
