Burglar killed breaking into Judge Overstreet's home

http://chronicle.augusta.com/latest-news/2010-08-20/burglar-shot-breaking-judge-overstreets-home

Boortz, WSB Atlanta, says BG DRT in judge's hallway!

Georgia Laws 16-3-21 through 16-3-24.2 WILL Win the Day!

Kudos to the author of the article for noting that you can carry in public if the gun is in plain view.

if in ga you can carry with a permit concealed in public

You can also Carry an Unloaded Rifle/Shotgun Concealed in Public, as well as any other Hand-held Weapon, less a Knife with a Blade of greator than 5''.
SB 308, of The Legislative Acts of The Georgia General Assembly 2010, Repealed 16-11-126 (Carrying a Concealed Weapon), and replaced it with 16-11-126 (Weapon not to be Carried without License).
As for the later, 'Weapon' means any Handgun with a Barrel less than 12'' in length, but does not include a Handgun caable of Firing a shot less than .46 Centimeters in Diameter, and the 5'' Knife, described above, provided; the Knifes' Blade most be attached to the Handle.

Anybody know if the reported circumstances meet GA's criteria for justified lethal force?

Meaning, did the judge shoot legally? And, if he did not, is there an investigation?

The Judge shot Him Legally, in accordance with Georgia Statutes 16-3-21 through 16-3-24.2.

aadvark said:

The Judge shot Him Legally, in accordance with Georgia Statutes 16-3-21 through 16-3-24.2.

Click to expand...

You know, after I wrote that question, I figured I should get off my lazy butt and look for myself. So, I hunted up those statutes. And, darned if I can find legal justification in those statutes for the shooting described in the article.

16-3-21 does not authorize shooting someone who appears in your hall wearing socks on his hands. It only authorizes lethal force for threat to a person or to prevent a forcible felony (defined as violence against a person, not property, from what I can tell.)

16-2-24.2 does not have anything to do with justifications. It just says that you can't be sued for using justified lethal force, and under what circumstances you cannot be sued.

So, just based on the news report (and we all know how unreliable those are), this was a bad use of lethal force.

Then again, a judge wouldn't likely give much detail, I should think. Just a general statement he was in fear and fired in self-defense, and will make a more detailed statement after talking to his attorney.

Anybody got:

1) Better legal analysis?

2) More facts on the circumstances of the shooting?

Damn if I siad 16-3-21 THROUGH 16-3-24.2, and it follows that:

O.C.G.A. § 16-3-23
Use of force in defense of habitation
A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to prevent or terminate such other's unlawful entry into or attack upon a habitation; however, such person is justified in the use of force which is intended or likely to cause death or great bodily harm only if:
(1) The entry is made or attempted in a violent and tumultuous manner and he or she reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein and that such force is necessary to prevent the assault or offer of personal violence;
(2) That force is used against another person who is not a member of the family or household and who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using such force knew or had reason to believe that an unlawful and forcible entry occurred; or
(3) The person using such force reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony.

In accordance with Georgia State Law 16-7-1, therefore 16-3-23(3) applies, and 'Habitation' is defined as a Persons Home.

AND

O.C.G.A. § 16-3-23.1
No duty to retreat prior to use of force in self-defense
A person who uses threats or force in accordance with Code Section 16-3-21, relating to the use of force in defense of self or others, Code Section 16-3-23, relating to the use of force in defense of a habitation, or Code Section 16-3-24, relating to the use of force in defense of property other than a habitation, has no duty to retreat and has the right to stand his or her ground and use force as provided in said Code sections, including deadly force.

John E. Howard Jr. -- the man shot to death by Judge Carlisle Overstreet after breaking into his house Friday morning -- was on probation for three burglaries and a shoplifting offense, according to information from the district attorney's office obtained through an open-records request.

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Rainier Ehrhardt/Staff
A Richmond County sheriff's deputy enters the gate at Judge Carlisle Overstreet's home on Cumming Road.
Back | Next SpecialJohn E. Howard Jr. was shot and killed.
Back | Next SpecialWilliam Omar Jacobs is wanted on a burglary charge from the break-in.
Back | Next SpecialJudge Carlisle Overstreet


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The 20-year-old Blythe man, whose nickname was "Killa," according to the Richmond County jail's booking sheet, was arrested June 25, 2008, after investigators in Burke and Columbia counties connected him to a June 12, 2008, residential burglary on Maddox Road, and break-ins at Keysville Baptist Church and Blythe Baptist Church.

Most of the items stolen from the Maddox Road break-in -- which was discovered by the victim's mother, who is Judge Overstreet's secretary -- were recovered at pawnshops or at a home where Howard was staying.

Howard told investigators he had done the crimes alone, and charges against the second man were dismissed.

Augusta attorney Jacque Hawk, who represented Howard, said at the sentencing hearing that Howard had been in jail for 9 1/2 months and had not asked for bond because Howard and his family -- his mother and three brothers -- thought Howard needed to spend some time behind bars to think about what he had done and to get drugs out of his system.

Hawk said that Howard was abusing an over-the-counter cold medicine, Coricidin.

Howard was 2 years old when his father died while serving in the military in Korea, Hawk said.

According to police records, Howard had no criminal history before the 2008 break-ins. At that time, he was unemployed after dropping out of school in the 11th grade.

Judge Carl C. Brown Jr. accepted a plea negotiation worked out by the attorneys. He sentenced Howard on May 1, 2009, to serve 10 years' probation. Brown suspended a 1-year prison sentence on the condition that Howard complete a program with the Day Reporting Center.

On Friday night, police announced that they were searching for a second suspect believed to have been involved in the burglary about 4 a.m. at Overstreet's Cumming Road house.

William Omar Jacobs, 22, is being sought by authorities on a charge of burglary in connection with the break-in, according to Richmond County sheriff's Investigator Chris Langford.

At a news conference Friday morning, authorities said Howard and another man, who was later identified as Jacobs, entered the house after throwing a rock through a glass door, and went upstairs.

Overstreet heard voices, got his gun and saw Howard coming down the stairs with a bandana covering his face and socks on his hands. Overstreet fired, hitting Howard in the chest.

Howard was taken to Medical College of Georgia Hospital, where he was pronounced dead. Authorities said no weapon was found on Howard.

"At this point, there is little doubt it was nothing but random," said Sheriff Ronnie Strength, adding, "Physically, the judge is fine but upset."

Strength said the way the men entered the home -- "making that much racket" -- makes police suspect they were not aware Overstreet was inside.

A laptop computer was missing.

According to records published in The Augusta Chronicle, Jacobs, of the 2000 block of Starnes Street, was indicted May 11 on charges of possession of cocaine and a misdemeanor count of family violence battery.

Strength said his office advocates that people be armed and follow the judge's example.

"We support that 100 percent," the sheriff said. "If somebody breaks into your home, we expect and hope that what Judge Overstreet did this morning would be done by any other citizen."

The sheriff said he has known Overstreet for about 45 years and called him a "good marksman."

Friday's break-in wasn't the first at the Overstreet home. On March 12, 2008, a man kicked in the door while Overstreet's wife, Shara, was there.

She told police she was taking a nap when she heard the doorbell ring several times. She ignored it, but then heard a crashing sound.

She went to investigate and saw a man standing in the foyer. The man ran.

The report makes no mention of anything being stolen, and police say they're not aware of anyone ever being arrested in that case.

Shara Overstreet died of cancer later in 2008.

Anyone with information on Jacobs is asked to call the sheriff's office at (706) 821-1080.

That is the News Article straight from The Augusta Chronicle.

OK, thanks.

It looks like O.C.G.A. § 16-3-23(3) covers the situation described in the news article in the OP.

(3) The person using such force reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony.

Basically..., under Georgia Law..., if a Person is committing a FELONY..., and the Place or Location is one where you Legally can be..., then, you can shoot to KILL..., with no need to retreat or summon Law Enforcement.

You are IMUNE to any Criminal or Civil Proceedings as a result, provided; the Shooting is Justified under Georgia Statutes named 16-3-21 through 16-3-24.2.