UPDATE: Check out what the DA says about GA law. I was under the impression that a justification was granted when in fear of grave bodily harm of self or others and not simple home invasion.
Does anyone know the actual GA code where justified homocide is spelled out? What do y'all know about this stuff?
Posted on Thu, Sep. 29, 2005
Grant Blankenship, The Telegraph
Fred Taylor stands by the window in his Macon apartment where an intruder recently broke in.
Mercer student cleared of wrongdoing in fatal shooting of intruder
By Tim Sturrock
TELEGRAPH STAFF WRITER
Fred Taylor shot and killed a man last week, but the Bibb County district attorney said Wednesday the shooting was justified.
The incident began in the early morning hours of Sept. 18 when Taylor heard someone outside of his Walnut Street home in Macon.
A few minutes later, Taylor said, the intruder broke a window and climbed inside. With the burglar alarm blaring, Taylor's girlfriend was upstairs frantically talking to a 911 dispatcher.
"I'm thinking to myself, if the alarm has not deterred this guy, something is going on," said Taylor, a 21-year-old Mercer University law student. "In my mind, I'm thinking he is going to do us some harm."
The incident ended with Taylor fatally shooting Edward Anderson, 42, police said. Police said they don't know Anderson's motive for the break-in.
District Attorney Howard Simms said Wednesday that Taylor, of Suffolk, Va., will not be charged.
Simms said the case is "crystal clear" and that Taylor did nothing wrong.
Simms said that under Georgia law, people have the right to defend their homes with force if they know the intruder broke into the home and isn't a family member.
Taylor said he was relieved by the decision, but the incident still weighs on his mind.
"It takes some time before you stop constantly thinking about it," he said, explaining that he's trying to focus on his school work.
The night of the shooting, Taylor said, he was watching television with his girlfriend, Adrienne Warren. He said they heard someone, later identified as Anderson, outside on the porch. Warren went upstairs to call police, and Taylor grabbed his gun, Taylor said.
Taylor said he then turned off the lights and the television to let Anderson know someone was home. Moments later, Anderson started jiggling locks on the windows and doors, Taylor said.
Taylor said he waited on his staircase with his gun in his hand. The intruder broke the window pane, and the alarm started to scream, Taylor said.
"I was scared for my life," he said.
Anderson climbed through the window and walked past the stairs, Taylor said.
Taylor said he couldn't wait any longer. He fired a single shot, striking Anderson in the upper torso.
Taylor said he didn't know then if Anderson was dead or if he had a weapon. According to the 911 tape released Wednesday by Macon police, Warren was upstairs at the time of the shooting. She began screaming and crying when she heard a bang. She told dispatchers she didn't know who had been shot, according to the tape.
After police arrived, Taylor and his girlfriend went to the police station and talked to police, Taylor said. Four hours later, a private company had cleaned the scene, and Taylor went to bed.
"You never feel good about something like this," he said.
Taylor said moving to another house has occurred to him, but he acknowledged "it could happen anywhere. It could happen to anyone."
Taylor's lawyer, Doye Green, said Taylor did nothing wrong.
"Now this young man and young woman will have a mental scar for life," Green said.