Fatal shooting causes concerns about lethal self defense

JACKSON, Tenn. — After last week’s fatal shooting, questions have been asked about when you can use lethal self defense.

February 20 in north Madison County, 22-year-old, Tyeasha Starks was fatally shot by a homeowner.

According to the Madison County Sheriff’s Office, there was a dispute between the homeowner and Starks about the custody of her child.

The report says that Starks was arcing a taser and this is what prompted the homeowner to shoot.

The case is being looked at as self defense. So this brings to question when can you stand your ground in Tennessee.

“And there’s so many variables that go into that. It’s hard to give a blanket answer on it. If I’m standing in my living room and you come in with a gun, it’s easy for me to stand my ground and shoot you with no recourse. But anytime you start moving that fact pattern around, it opens itself up to a lot of scrutiny,” said Neil Thompson, the District Attorney General for the 24 Judicial District.

Tennessee is a Stand Your Ground state, where there is no duty to retreat before using deadly force. This means that if you are in a place you are legally allowed to be, according to the law, you are not required to retreat to safety instead of using deadly force.

“It’s absolutely fact specific, and I could see a situation where you could have the same jury, and the same fact pattern, and two different juries, and come up with two different results,” said Neil Thompson, the District Attorney General for the 24 Judicial District.

The law also says that you have to feel as if you or a family member are in immediate life-threatening danger.

Tennessee law also states that a law enforcement officer can’t arrest you if you use lawful lethal force unless there is probable cause that the lethal force was not lawful.

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