Don’t do what Mr. Griffin did.
Criminal defense attorney explains manslaughter charges after suspected burglar killed
MEMPHIS, Tenn. (WMC) – A man has been charged with voluntary manslaughter after admitting to police that he shot a burglary suspect.
This happened on Robin Hood Lane in Memphis this Thursday. Marques Griffin, 30, told police he heard a noise in his apartment and found a man in his living room.
According to MPD, Griffin followed the intruder outside and fired three shots as the man ran away.
The suspected burglar died at the hospital.
Phil Harvey, the owner of Harvey Criminal Defense Lawyers, said that based on Griffin’s charges, MPD and the DA’s office decided he did not have a legitimate self-defense claim.
“If it’s true that Mr. Griffin shot someone outside of the home, then there’s a question of whether or not that self-defense statute applies,” said Harvey.
Harvey said Tennessee does not have a “Stand Your Ground” law.
He said the self-defense statute is written to apply when the victim is in their home and responding to a threat who is also inside or actively coming in.
“The standard ‘no duty to retreat’ part of that statute simply says you have to have a reasonable fear of what they call ‘imminent danger,’” said Harvey.
Harvey said that means that for deadly force to be considered self-defense, the victim has to be under an immediate threat of death or serious bodily injury.
Harvey said there is established case law on this type of incident.
“Tennessee v. Garner… It’s a 1985 case. A U.S. Supreme Court case that came out of Tennessee that actually dealt with whether or not police can shoot a fleeing felon. And in that case, it dealt with a burglary suspect who was running away and was shot by the police. And the federal courts decided that it is a violation of the Fourth Amendment,” said Harvey.
Griffin remains behind bars on a $50,000 bond and is slated to reappear in court on Monday.