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this post was submitted on 03 May 2024
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I'm not American and I'll never understand your fascination with guns.
But to me the important aspect is the driver was already moving away when shot at, or immediately did so once shooting began.
Surely this invalidates any self defense claim? If you shoot and they retreat, you stop shooting, right?
It actually varies state by state which is part of the problem.
Here in Oregon, there are only 3 use cases where lethal force is allowed:
That's it.
In Tennessee...
https://casetext.com/statute/tennessee-code/title-39-criminal-offenses/chapter-11-general-provisions/part-6-justification-excluding-criminal-responsibility/section-39-11-614-protection-of-property
"(c) Unless a person is justified in using deadly force as otherwise provided by law, a person is not justified in using deadly force to prevent or terminate the other's trespass on real estate or unlawful interference with personal property."
BUT:
https://www.mcelaw.com/blog/what-are-the-rules-on-self-defense-in-tennessee/
"According to Tennessee law, individuals can use deadly force if they reasonably believe it is necessary to avoid death or serious bodily injury at the hands of another person."
So in this case, even if Pizza guy had been messing with perps car, lethal force wouldn't be authorized.
I don’t think he’d win, but Tennessee is a castle doctrine state.
If he had reasonable belief that the pizza delivery driver was breaking in, the home owner is likely justified to use deadly force.
I’m pretty sure it doesn’t apply to shooting out of your house unless you’re being shot at, though.
Hell, I’m a born and raised Texan and I don’t get it either.
Mostly yes. Consider an actual deadly threat with someone shooting at you. You start shooting back and they duck for cover. They shoot again, you shoot again, and again they duck for cover. If I was on that jury, I'm not convicting you for shooting at the person ducking for cover. This is an extremely specific and nuanced hypothetical. So mostly yes, but there could be some million to one scenario that doesn't follow that track.
generally, the right to self defense requires a reasonable belief that there is imminent, severe bodily harm; and even then, the measures you take must be proportionate and reasonable. every state has it's own nuances, though.
As far as the general laws go... somebody standing on a street corner leering at you? it's proportionate and reasonable to cross the street. Somebody brandishes a firearm and says they're going to kill you? it's reasonable to believe them. (unless you know them, and you know they're joking. Details. those kind of jokes aren't really funny though.)
Simple trespass is not itself a threat. The teen was presumably unarmed. At no point was the asshole reasonably in need of self defense.