Memphis Man Charged With 7 Felonies After Stopping Car Thief

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A Memphis man who used force to stop a car thief has been charged with seven felonies by local prosecutors, raising questions about self-defense and legal accountability. According to Action News 5, 27-year-old Demarcus Collier fired at least nine rounds at a teenager attempting to break into his car. Authorities claim the suspect acted as if he had a weapon, prompting Collier’s defensive action.

Legal Implications of the Shooting

While the charges do not target the act of shooting the thief, they focus on the consequences of the gunfire. Some of the rounds fired by Collier reportedly hit a room with children inside and a vehicle, leading to charges of aggravated assault and vandalism. Memphis attorney Michael Working explained that Tennessee’s legal system assesses the case based on the impact of the shooting rather than the intent of the shooter.

“What the police do when the process starts to charge you is result-based. Did you intentionally fire and did it put the other people, the victim in fear?” Working told the Daily Caller News Foundation. “In Tennessee, that case is an aggravated assault and it’s for the homeowners that had a bullet come through the wall, a reasonable fear of serious bodily injury. That’s an entirely separate inquiry from whether the defendant or the gun owner acted reasonably from a legitimate fear himself.”

Support for the Defendant

Collier’s family expressed shock at the charges, emphasizing his character as a hardworking man and family man. His great-uncle told Action News 5, “He reacted like any human being should do, you know? Because, it could’ve been the other way.”

Tennessee’s Castle Doctrine, which allows for the use of deadly force in self-defense against unlawful entry, has been called into question by legal experts. Working noted that despite the state’s conservative leanings, the law still fails to consider the perspective of the gun owner.

Industry and Legal Perspectives

Second Amendment Foundation President Massad Ayoob, a self-defense instructor and former law enforcement officer, emphasized the importance of context in such cases. “If the shots were fired with a reasonable degree of responsibility, the law has historically said they should be treated as if they had struck their intended target,” Ayoob said. “If there is Ring camera video of the shooter firing wildly with his eyes closed or over his shoulder blindly, there is a negligence element.”

Source: Daily Caller