Knoxville Man Who Killed Two Burglars Will Not Face Charges
The Knox County District Attorney’s office has decided not to prosecute 21 year-old Douglas Jordan, III for fatally shooting two burglars who were attempting to rob his home shortly before midnight on June 27 of this year. Jordan apparently came home and found the two men, Adam Pfeiffer, age 25, and Jimmy Cannon, age 39, still in his house in the midst of bagging up his possessions. According to Jordan, the men attacked him as soon as he walked in, but Jordan was able to retrieve a gun from his waistband and fatally wound both attackers. The Knox County district attorney’s office was considering whether to charge Jordan with homicide, but determined that he acted in self-defense and did not deserve to be so charged.
In Tennessee, a homeowner is allowed to use deadly force to protect themselves or their family in the event attackers enter the home. A presumption exists that when an individual shoots a burglar or attacker in the home that the use of deadly force was a necessary act of self-defense. Tennesseans should note that this is merely a presumption, however, and can be overcome by evidence to the contrary. For example, a homeowner who fatally wounds a burglar who is in the process of climbing out of a window to leave the home would be a much closer call. In fact, it is the latter type of situation that often leads to homeowners facing some sort of homicide charge when the district attorney’s office believes that the homeowner used too much force given the situation and went beyond the acceptable bounds of self-defense. East Tennesseans who find themselves in such situations may feel like they have committed no crime and were simply protecting their family; however, they would still be advised to contact an experienced criminal attorney once they have been charged with such a serious offense or anticipate being so charged. The assistance of an attorney will help the homeowner present the strongest argument that their actions constituted self-defense rather than any sort of unjustified killing.
Source: http://www.knoxnews.com/news/2010/aug/04/no-charges-in-deaths/