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On a blisteringly hot day in July2017, Helen Gilbert called 911 in Washington County, halfway between Macon and Augusta. She was worried about her brother, Eurie Martin.

Im concerned about him being out in all that weather, Gilbert told a 911 dispatcher. She sounds near tears.

Now where hes going to, I have no clue, Gilbert said.

It turns out Martin was on a 30-mile walk from Milledgeville to Sandersville.

Gilbert told the dispatcher Martin had a history of mental illness and was well past 50 years old. She wanted someone to find him and help him.

But unbeknownst to Gilbert, she called too late. Several minutes earlier, someone else had already called the authorities about Martin, and that call had led to his death.

Case tests law enforcement use of stand your ground

The legal path following Martins death has led to a hearing before the Georgia Supreme Court, a hearing that could have important implications for how police officers are held accountable when they kill while on the job. At issue is how Georgias stand your ground law applies to law enforcement.

Martins thirst in the over 90 degree heat had caused him to stop on the outskirts of the town of Deepstep, which bills itself as The Heart of Kaolin at the city limits in honor of the clay mining industry that sustains a handful of east Georgia communities.

There, Cyrus Harris was cutting grass in front of his home, across the road from a chalk white and red kaolin pit, when Martin asked to fill the Coke can hed cut in half to use as a cup with water from Harris spigot.

He just walked right up in my yard. I dont see no car, I dont see nothin, Harris told a 911 dispatcher.

I told him to get out, Harris said.

Harris knew nothing about Martins history of mental illness. All he knew, he said, was that he was afraid for his wifes safety and that the thirsty Black man in his yard was filthy. Because of that call, when Washington County sheriffdeputies arrived, they were looking for a suspicious person.They apparently had no knowledge of Martins mental illness, either.

The 911 calls of Gilbert and Harris, dashcam video plus cell phone video made by passersby were presented as evidence against Washington County sheriff deputies Henry Copeland, Michael Howell and Rhett Scott who would eventually face murder charges in Martins death.

The video showsthat once the deputies found Martin just inside the city limits of Deepstep, he ignored them until one of them deployed a Taser to slow him down.He tore the electrical contacts from his bodyand walked on. Up the road he was surrounded by all three deputies and tased again until he was handcuffed.

This time Martin did not get up.

Dashboard video taken soon after shows Martin face down in the grass, his hands cuffed behind his back, motionless. Martin had been tased for over a minute and a half total.

We had to tase some Hes a Black male, Deputy Copeland told a superior over the radio.

We dont know his name yet. He was acting crazy.

It was five minutes after Copeland called his superior before anyone realized Martin wasnt breathing, another four minutes or so after that before CPR was administered by an EMT.

Martin died in the grass on the side of Deepstep Road. In Washington County, parallels were drawn to Martins death and the killing of other Black men by police, like Eric Garner who died face down on a New York City street.

In Martins case, though, murder charges were brought immediately. The deputies were also fired shortly after the killing forviolating several department procedures.

The first indictment was tossed on a technicality. In the second, the defense argued in a pretrial hearing the deputies should be immune from prosecution.In late 2019, a Superior Court judge granted that immunity.

This immunity that theyre talking about here is immunity from criminal prosecution based on the fact that you were justifiably acting in self-defense, said Jim Fleissner, professor atMercer University School of Law and an expert in the 4th Amendment.

Its not unlike the law in Florida that they call the Stand Your Ground law, Fleissner said.

Fleissner said over the last 20 or so years, officers asking for immunity under stand your ground laws has become a kind of trend. Stand your ground lawsallowthe use of deadly force without an individual needing to retreat from the situation.It was under Floridas stand your ground law that George Zimmerman was acquitted in the shooting death of Trayvon Martin.

Prosecutor: You cant be the aggressor and claim stand your ground

Heyward Altman is the Middle Georgia Judicial District Attorney who presented the case against the deputies who tased Martin to deathto both grand juries. He will challenge the immunity ruling in the Georgia Supreme Court.

Altman said a stand your ground defense ultimately rests on who started the fight.

You cannot be the initial aggressor, Altman said. If you bring the fight to somebody, you cant later complain that person fought back.

In his ruling, Judge H. Gibbs FlandersJr. notes Martin neverdisplayed overt aggression, even though he was clearly agitated and tense.However, Flanderssaid under Georgias stand your ground law,and because of Martins non-compliance with officers who suspectedhim of themisdemeanors of loitering and walking in a public roadway, the use of force was justified.

Altman saidbecause the deputies initiated the violence, the ruling could carve out special protections for law enforcement under stand your ground.

What were saying is the court expanded that to include an officer and his use of force in making an arrest, Altman said.It expands the statute beyond what it was originally intended to be.

Civil rights activist and attorney Francys Johnson represents Martins family. He said Georgia has a lot riding on the immunity appeal.

We stand to gain everything when it comes to whether the value of a Black life is truly respected in the law and in Georgia, Johnson said.

Already Martins death has changed the way Georgia law officers are trained to use Tasers. Johnson said he hopes the case leads to bigger changes in how police are trained.

Train them to preserve life, he said.

In addition to the Georgia Supreme Court hearing on immunity for the three former deputies, some state legislators have begun considering changes to Georgias stand your ground law, especially in wake of the Ahmaud Arbery killing earlier this year near Brunswick.

This story appears through the Georgia Recorders partnership with Georgia Public Broadcasting.

Read more from the original source:
Georgia Supreme Court to hear case of mentally ill man Tased to death - Georgia Recorder

By U.S. Rep. Blaine LuetkemeyerR-Missouri

[T]he right of the people to keep and bear Arms, shall not be infringed.

In 1791, our Founding Fathers saw it necessary to amend the United States Constitution with the Second Amendment in order to give the citizens of this country the right to bear arms and defend themselves.

American families have the right to feel safe and secure in their own homes, and exercising Second Amendment rights is a way to help do just that. As a representative in Congress, I take my role as a defender of the Constitution very seriously, especially when it comes to protecting our right to possess firearms.

Missouri has recently been in the national spotlight with the McCloskey familys situation in St. Louis. Earlier this month, Mark and Patricia McCloskey were photographed holding firearms after being confronted and harassed by an angry mob of rioters outside of their St. Louis home.

Feeling extremely threatened and unsafe on their own private property, the McCloskeys were well within their rights to bear arms to protect themselves. Our states Castle Doctrine and Stand Your Ground Law both explicitly give Missourians the right to defend themselves and their property.

Unfortunately, Circuit Attorney Kim Gardner has been using the McCloskeys case for political gain and fundraising efforts even before any charges were filed. Thankfully, Attorney General Schmitt and Governor Parson have both recognized this gross injustice and infringement on the McCloskeys freedom and are working to have their names cleared.

While Missouri is home to the Castle Doctrine and Stand Your Ground Law, nothing of the sort exists in the federal level. In order to protect Second Amendment rights of Americans across the country, I am a proud cosponsor of fellow Missourian Congressman Jason Smiths bill, the American Family and Private Property Defense Act. This legislation would prevent an American citizen from being prosecuted for the use of force against an intruder as long as that force was used to protect themselves, another individual or private property. I am hopeful we will be able to get this bill passed to ensure Second Amendment rights nationwide are safeguarded.

With repeated calls from Democrats to defund the police and the violent rioting taking place across America, our Second Amendment rights are more meaningful than ever. Having the ability to protect your property, your family and yourself is a fundamentally American right that I firmly believe in, and I will continue to be a strong defender of the Second Amendment in Congress.

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Safeguarding the Second Amendment - The Highland County Press

Im happy that Ahmauds name will be a part of such a big change, but at the same time I have to snap back into reality that Ahmaud is gone."

ATLANTA A new hate crimes bill is awaiting Governor Brian Kemps signature. The bill, passed Tuesday with bipartisan support, createsharsher penalties for crimesmotivated by race, color, religion, sex, gender and disability to name a few.

Georgia remained one of four states without a hate crimes bill, but calls for one renewed after the death of Ahmaud Arbery.

His mother, Wanda Cooper-Jones, told 11Alive the new bill is bittersweet.

Im happy that Ahmauds name will be a part of such a big change, but at the same time I have to snap back into reality that Ahmaud is gone, but his name will live forever I think, she said, looking exhausted but relieved.

Cooper-Jones said she hopes the bill prevents other mothers from experiencing the same pain of losing a child in a potentially racially motivated crime.

Lee Merritt, attorney for the Arbery family, points to the bills as one of several long-term takeaways created out of the current Black Lives Matter movement.

This new law is in place and it will be in place next week and next month and next year when this is no longer trending. And so it is a permanent takeaway and its a big deal, said Merritt.

The bill went back and forth in the legislature for a week;first adding police as a protected class under the law, then removing them and placing police protections under another separate bill that passed.

The back and forth was a move Georgia NAACP President Reverend James Woodall said proves theres more work to be done.

To include that kind of provision when we already have laws on the books that protect them, that increase the penalties for crimes committed against people in that profession, to add to that in this moment, that tells us that Black Lives really do not matter, Woodall said. As we sat in theRayshard Brooks funeral, HB838 was passed simultaneously as us witnessing the eulogy of Mr. Brooks."

The Vice President of the Anti-Defamation League, Alison Padilla-Goodman, called the statute a defining moment in Georgia history- with a clear message to all Georgians.

We care about who you are and who you love, who you worship, what you look like and we are going to value you as an individual and were going to protect you, said Padilla-Goodman, who worked to push a hate crimes bill in Georgia for years.

But everyone agrees, the bill is just the beginning, one piece of a much larger puzzle.

Woodall outlined four additional steps, including removing Brunswick Judicial Circuit District Attorney Jackie Johnson and Waycross Circuit District Attorney George Barnhill for mishandling the Arbery investigation. Woodall said he would also like to see a repeal of the Citizens arrest law, the stand your ground law and hopes to see more transparency regards to investigations into police departments.

Merritt agreed, adding a national police reform should be next and the work should continue long after 2020 ends.

Im hoping the reconstruction period last a lot longer than this next year," he said.

Cooper-Jones added, We must continue to support and make sure that we get change. We cant just stop,

Merritt said Arbery's name may be on the hate crimes bill. Theres no timeline for when the governor will sign it, but his office said it's expected to happen after a legal review of the bill.

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Ahmaud Arberys mom on hate crimes bill passing in Georgia: His name will live on forever. - 11Alive.com WXIA

GettyThere is a duty to retreat requirement in Minnesota.

Police are investigating whether the owner of Cadillac Pawn & Jewelry, a store in Minneapolis, Minnesota, may have shot and killed a suspected looter, according to a reporter for the Minneapolis Star-Tribune.

Police said in a press conference that this was only one theory being investigated in the shooting death of a man found lying on a sidewalk near the store. However, they also noted that Minnesota has a duty to retreat law that limits such actions in businesses (as opposed to protecting ones home). According to Minneapolis Police spokesman John Elder, The castle doctrine says if youre in your home you have a right to stand your ground. Its my understanding you do have a duty to retreat. Your business is not the same as your home.

See a graphic showing which states have duty to retreat laws here.

Heavy has now confirmed through jail records that the stores owner, John Richard Rieple, 59, of Wisconsin, has been booked on a murder accusation. You can read more about Rieples background here. The Hennepin County County Attorney told Heavy on June 1 that it has releaed Rieple and deferred a charging decision pending more investigation.

Hennepin Co JailBooking information for John Rieple.

However, what does the law say? What is the duty to retreat law in Minnesota?

According to FindLaw, Minnesota isnt a stand your ground state. Rather, its a duty to retreat state which means that you must back away from confrontation if its possible. The state doesnt have a castle law per se, but it does recognize the principles of the doctrine because Minnesota law allows you to use deadly force, including shooting an intruder, to prevent a felony from occurring in your home.

That site defines duty to retreat this way: If the defendant isnt in their home, Minnesotas self-defense law requires a duty to retreat before using deadly force, but only if retreat is possible and it doesnt put the person into more danger. Deadly force isnt authorized (outside of the home) unless theres a reasonable belief of great bodily harm.'

See Minnesota statutes here. The Justifiable Taking of Life statute reads, The intentional taking of the life of another is not authorized by section 609.06, except when necessary in resisting or preventing an offense which the actor reasonably believes exposes the actor or another to great bodily harm or death, or preventing the commission of a felony in the actors place of abode. There have been moves in the past to remove duty to retreat from the law. See a history of one bill to do just that.

The report about the shooting comes as unrest grows in the streets of Minneapolis after the death of George Floyd, and a viral video that showed a police officer restraining Floyd with a knee to his neck despite bystanders pleas that Floyd was in distress. Floyd repeatedly told officers he couldnt breathe, but his pleas went ignored, and he died a short time later. The police chief fired the four officers at the scene, but unrest continued to grow throughout the night of May 27, 2020.

A very graphic video circulated on social media that appears to show the aftermath outside Cadillac Pawn. Be forewarned that it contains disturbing and graphic images, as you can see a persons body lying on the sidewalk. Some reports claimed that two people were shot at the pawn store, but police only described one shot person.

Heres what you need to know:

Star-Tribune reporter Libor Jany cited a police source and wrote on Twitter: Police are investigating a homicide. They say the owner of a nearby pawn shop shot and killed a person suspected of looting his building. He added, It reportedly happened at Cadillac Pawn. Still awaiting details. This, from a source within the department. According to LinkedIn, the owner of Cadillac Pawn is a man named John Rieple. Police have not confirmed, however, whether he is the man involved in the alleged shooting.

In a press conference, John Elder, the public information officer for Minneapolis police, said that a body was found outside the pawn shop around 9:25 p.m. There was a report of a possible stabbing victim. Police then located an adult male in grave condition lying on the sidewalk. Officers immediately began first aid, to include CPR.

Sheriffs deputies arrived and assisted. Paramedics got through the crowd, and transported the adult male to a hospital, where he was pronounced deceased. The wound was later determined to be a gunshot wound. At this time, the scene is just finishing being processed by our crime lab and our homicide investigators, he said. The nature and cause of death will be released later, along with the identity of the victim.

One person, who was not identified, is in custody at this time. The facts of what led up to the shooting are still being sorted out. Two officers arrived and one performed CPR immediately. This was close to the area of the protests, said Elder.

Elder called the death a homicide. You can watch the police press conference here. It occurred around midnight.

A reporter asked Elder if it was true that the victim was someone who was looting the Cadillac Pawn shop and the store owner was racing in and took action and Elder responded, That is one of the theories were looking into.

He said that police are investigating multiple theories about what happened to the man. The body was found outside and there are a couple of different scenarios that what may have happened. Thats being investigated, he said. We want to make sure that we do in fact have all of the facts moving forward. We dont want to cast aspersions on somebody if in fact they werent doing anything wrong. He declined to spell out the different theories.

So-called Defense of Dwelling and Person Act of 2017 heard in House committeeSponsored by Rep. Jim Nash (R-Waconia), HF238, as amended, would provide Minnesotans greater rights to use deadly force while defending themselves or their home. It was held over March 8, 2017, by the House Public Safety and Security Policy and Finance Committee for possible omnibus bill inclusion. * Connect with House Public Information Services on the Web: http://www.house.leg.state.mn.us/hinfo/hinfo.asp * Find Minnesota House of Representatives news and updates on the Web at Session Daily: http://www.house.leg.state.mn.us/sessiondaily/ *Connect with the Minnesota House of Representatives on the Web: http://www.house.leg.state.mn.us/2017-03-09T01:02:54Z

Keller Law Offices wrote in a post before the Cadillac Pawn incident, While many states have enacted stand your ground laws, Minnesota does not have a so-called stand your ground law. Instead, Minnesota law imposes a duty to retreat, which means that if a person feels threatened, he or she may only use deadly force as a last resort. Conversely, states that have enacted stand your ground laws, like Florida, make it lawful for a person to use deadly force if threatened without a duty to retreat. The law firm noted, Minnesota follows the majority rule that there is no duty to retreat in ones home.

North Star Criminal Defense explained that there are four elements necessary for a successful self-defense claim, listing them as follows:

The defendant was not an aggressor and did not provoke the alleged victim;The defendant had an actual and honest belief of imminent danger;A reasonable basis existed for this belief; andA reasonable means to retreat or otherwise avoid physical conflict were not available.

If a person is in their home, the last element does not need to be met, the site explained, adding that After analyzing prior cases, the Court of Appeals determined that the Castle Doctrine is limited to just the home and does not include the surroundings.US Concealed Carry reports a similar finding, writing:

Minnesota law imposes a duty to retreat. This means that if a person feels threatened, he or she may only use deadly force as a last resort. However, Minnesota is a Castle Doctrine state. Castle Doctrine applies when a person is resisting or preventing an offense which the individual reasonably believes exposes the person or another to great bodily harm or death. It also applies when preventing the commission of a felony in the persons place of abode. There is no duty to retreat before using deadly force in self-defense or to prevent a felony in ones home. This isnt as clear as it appears, however. There are four cases in Minnesota where the duty to retreat was upheld.

It was a night of growing turmoil in Minneapolis. A Target store was looted, and an Autozone store set ablaze.What started out as vigils quickly turned more chaotic in the streets. People were throwing Molotov cocktails, and police were using tear gas, according to live CNN reports. Flash bangs could be heard during the live broadcast. The scenes were starting to resemble the protests of a few years ago in Ferguson, Missouri and other U.S. cities after controversial police-related deaths.KTSP reported that looters left the Target store with televisions, rugs and other items.

There was also looting reported at a tobacco store, a Dollar Tree and a liquor store. Additionally, Cub Foods and an AutoZone is being looted as well, the television station reported.

The Minneapolis police chief quickly fired Officer Derek Chauvin and three other officers at the scene, but that action hasnt quelled the growing unrest. Police use of force experts have criticized the restraint used against Floyd.

Thomas Lane, Tou Thao, and J. Alexander Kueng were the other three officers present, according to the city.

Floyds sister, Vanita Williams-Dabney, wrote on Facebook, My bro was killed by Minneapolis police on Memorial Day . . . R I.P. bro we will get Justice for u . . . gone2soon . . .loveU4life.

People tweeted about the Autozone.

READ NEXT: Officer Derek Chauvin

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Minnesota's Duty to Retreat Law: Here's What it Says - Heavy.com

Nearly three months after 25-year-old Ahmaud Arbery was gunned down while jogging in Georgia, the men alleged to have ended his life now face murder charges. As the case sparks outrage and protests, a cadre of gun violence prevention activists are gearing up to take on what they call an overlooked culprit: the stand your ground laws that critics have decried as a low-cost license to kill.

The original prosecutor on Arberys case, George Barnhill, pointed to Georgias stand your ground law as one of the reasons he refused to pursue charges against Gregory McMichael, 64, and Travis McMichael, 32. Seeing Arbery, a frequent runner, jogging through their neighborhood and suspecting him of recent robberies, the father and son reportedly followed the younger black man, confronted him, and fatally shot him after a brief struggle. Another man, Bryan William, recorded the incident on video. Under stand your ground, a person facing a perceived threat has no duty to retreat, and may claim legal protections if they employ deadly force.

This is not something that was written in the Constitution. The founding fathers didnt include stand your ground, said Amber Goodwin, founding director of the Community Justice Action Fund (CJAF). Someone sat in a room and made these laws up. We need to get in a room and out in the streets and demand that the law be changed.

On May 12, CJAF worked with Amnesty International and Cities United to organize a virtual meeting during which the groups detailed their strategy for making that happen. Through an email push, the group is asking people in the 25 states with stand your ground laws to write to their local lawmakers, urging them to support repeals. By June, the group will identify the places where they have the best chance for success. Nevada is the only state with a stand your ground law, a Democratic governor, and at least one Democratic-led legislative chamber.

Goodwin founded CJAF in 2016 to create a gun violence prevention organization led by people of color and focused on the everyday shootings that disproportionately kill and injure young black men. So far, much of the groups work has concentrated on securing financial support for community gun violence intervention programs. Arberys death prompted the group to pivot to a sweeping fight for legislative reform.

In a time where being safe in your neighborhood is such an emphasis, said Greg Jackson, national advocacy director at CJAF, [Arberys death] amplifies the danger of just jogging a few steps from your own home.

Jackson argues that stand your ground led to Arberys fatal encounter with his accused killers. Gregory McMichael, who watched as his son allegedly shot Arbery, was a former police officer. You had someone who seemed very versed in the law that was part of law enforcement, Jackson said. Its hard for me to believe they didnt know how these laws work and how this would play out. The local authorities did not make an arrest in Arberys death until May 7, two days after footage of the incident was made public.

Stand your ground provides the McMichaels with an option for contesting the charges against them.

It appears Travis McMichael, Greg McMichael, and Bryan William were following, in hot pursuit, a burglary suspect, with solid first hand probable cause, in their neighborhood, and asking/telling him to stop, Barnhill wrote in a letter explaining his decision to not bring charges. Citing the states stand your ground law, he wrote that Travis McMichael had no duty to retreat once he engaged Arbery.

Stand your ground laws are relatively new, with Florida enacting the nations first in 2005. The statutes apply a novel interpretation of the centuries-old Castle Doctrine which holds that a person may use lethal force to protect their castle, or home to public spaces. The spread of the laws has had deadly consequences. According to research summarized by the RAND Corporation, Florida saw a 32 percent increase in firearm homicides after stand your ground laws were enacted there.

Its a slippery slope, because these laws broaden the scope of Castle Doctrine and extend it to any confrontation anywhere, said Tishara Jones, treasurer of the city of St. Louis and a supporter of CJAF. Her home state of Missouri adopted its own stand your ground law in 2016.

In [Arberys] case, they hunted this man down and shot him in broad daylight, Jones said.

Arberys death has echoes of the killing of Trayvon Martin, which first brought stand your ground laws to wider attention. Martin, 17, was pursued by George Zimmerman, an armed man who suspected him of being a criminal. A jury decided that Zimmerman was justified in shooting Martin during the ensuing confrontation, an acquittal that helped birth the Black Lives Matter movement.

State lawmakers are scrambling to respond to COVID-19 and overhaul their budgets in the face of crashing tax revenues, which could hamper any immediate legislative push. Of the states with stand your ground laws, only Pennsylvania, Michigan, New Hampshire, and South Carolina have full time legislatures that meet throughout the year.

The push to repeal stand your ground laws will also have to contend with the support they continue to enjoy among many Republican lawmakers. A proposal in Ohio would create the countrys newest stand your ground law, but its been stuck in committee. After the laws momentum stalled in the years following the Trayvon Martin case, they were passed in Missouri, Utah, Idaho, and Iowa, where a young black legislator donned a hoodie on the floor of the State Capitol in an unsuccessful plea to block the bill.

Read more:
Ahmaud Arbery Shooting Ignites Fight to Repeal Stand Your Ground Laws - The Trace