Judge rules south Forsyth shooting was self-defense
This is definitely an interesting one. Defend & Carry strongly supports Stand Your Ground laws, and the right for people to defend themselves. However, as gun owners, we have to be responsible.
We have to recognize that a gun is not a toy or a prop, that it is an instrument to kill.
In this particular case, James Adams Dunleavy was awakened by loud music late at night. He left his trailer to find his neighbor, Aubrey Zander, revving his engine and blaring loud music from his truck.
Dunleavy, angered by this, approached the vehicle with handgun in hand and tapped on the vehicle window with his handgun. Presumably this was to scare Zander in turning off his truck and music.
Instead, in his drunken state, Zander got out of his truck and attempted to escalate the situation. Dunleavy tried to walk away but was prevented by Zanders escalation.
Zander charged at Dunleavy and a scuffle broke out. Eventually Dunleavy managed to separate himself and fired at Zander – killing him.
The judge ruled that Dunleavy tried to remove himself from the situation, and tried to avoid an escalation between the two.
However, since Zander continued to pursue Dunleavy in a violent manner, Dunleavy was left with no choice but to shoot and defend himself with deadly force.
I understand the reasoning of the judge, but there was zero reason Dunleavy needed to brandish his weapon in a threatening manner to start the altercation.
Dunleavy could have handled this is so many different ways that did not require the use of a firearm. The fact that he used it as a prop to threaten his neighbor should probably have nullified the stand your ground ruling.
It seems like a stretch that you can initiate an altercation involving a firearm, then use it in self defense.
By Kelly Whitmire – Forsyth News
The shooting occurred about 12:30 a.m. on Jan. 13, 2013. Zander had reportedly returned home to park on Shore Drive, sat in his vehicle and “continued to play loud music and began to rev his engine loudly.”
The music woke Dunleavy, who used a handgun to tap on Zander’s window and get his attention.
According to court documents, “Zander, who was under the influence of alcohol, rapidly and excitedly exited the vehicle and began to remove his own shirt from his upper body. [He] simultaneously began to approach the defendant, in a rushing manner, as the defendant began to slowly back away from Zander’s vehicle.”
Zander reportedly told Dunleavy to call 911 and that he would regret pulling out the gun. A scuffle ensued on the ground and then Dunleavy got up and attempted to back away as Zander came at him.
“[I]t was at this point that the defendant fired his handgun at Zander in two rapid bursts,” according to the documents. “The first shot struck Zander in Zander’s upper body (shoulder area). The force of the initial impact caused Zander’s body to violently spin resulting in the second shot striking Zander in his lower back.”
Prosecutors contended Dunleavy had been the aggressor, since he drew the gun. Zander was hospitalized after the incident.
According to the judge’s ruling, “The defendant’s choice to brandish a weapon at the outset of this encounter was improper, enflamed Zander, and might possibly have constituted simple assault against Zander.
“However, the defendant exercised continued restraint when he retreated on not one but two occasions and communicated a desire to disengage from the escalating and combative situation.”
