South Carolina man who shot unarmed teenager dead will NOT face trial under controversial Stand Your Ground law
By JAMES NYE
PUBLISHED: 13:37 EST, 13 October 2013 | UPDATED: 16:48 EST, 13 October 2013
Immunity: In 2010, Shannon Anthony Scott, (pictured), was arrested for the murder of 17-year-old Darrell Andre Niles, an unarmed black teen who was found shot to death in his carA South Carolina mother has spoken out in shock after it was announced on Friday that the man who shot dead her 17-year-old son will not be tried for his murder because of the state’s ‘Stand Your Ground Law’.
In April 2010, Shannon Anthony Scott, who was then 33, opened fire on a SUV full of teenage girls outside his home in Columbia and unintentionally hit unarmed 17-year-old Darrell Andre Niles in his car, killing him.
Despite being arrested and charged with the murder of Niles immediately after the shooting, Scott’s legal team successfully argued for immunity under the state’s Protection of Persons and Property ACT, otherwise known as the Castle Doctrine or ‘Stand Your Ground’ law.
Niles’ mother, Deatra Niles, can’t believe Scott may never come to court
‘It’s not right; it’s not right,’ said Niles. ‘Just to think he took my child’s life away when my baby was helping his child get home.’
Richland County Judge Maite Murphy ruled that Scott genuinely believed his life was in danger and was therefore justified in using deadly force.
The court heard that Scott meant to shoot at a car that was full of teenage girls who had threatened the life of his daughter and who drove past his house and fired shots.
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Shot dead: 17-year-old Darrell Andre Niles was shot dead by Shannon Anthony Scott in April 2010
However, Scott returned fire and instead of hitting the girls, who shot Niles in the head.
5th Circuit Assistant Solicitor April Sampson warned the decision in favor of Scott marks ‘the first time any state in this Union’ has awarded Stand Your Ground immunity in the killing of an innocent bystander.
‘If this law were to be applied the way Scott wants to apply it, he could shoot a 4-year-old playing in her front yard and still be immune from prosecution,’ she said to WISTV.Com
Scott’s attorney, state Todd Rutherford, said that his client’s actions were protected under the Castle Doctrine.
This was backed up by Judge Maite Murphy.
Disappointed: Deatra Niles said that she was outraged and hurt that no one will face trial for the death of her teenage son
Defense: Scott’s attorney, state Rep. Todd Rutherford said that he thought the judges decision was fair and strong
‘I hearby conclude that the Defendant is entitled to the grant of immunity under the Act because he and his family were clearly under attack,’ she wrote.
‘The Legislature clearly did not intend for any father to stand idly by as his family lay on the kitchen floor in fear of being shot and killed.’
Rutherford said that he was pleased with the ruling.
‘I think this judge’s decision is strong,’ said Rutherford. ‘I think again the mistake was made in not arresting those female thugs who were going to do the drive-by.’
However, Niles’ family worries evidence they claim exists proving this isn’t ‘stand your ground’ may not ever be heard.
‘Shannon shot first,’ said Niles. ‘The truth needs to be out there, the roommate testified, Eric, Boo Boo’s best friend that was in the car testified. If you sit and look at the whole case the distance everything from where he shot from.’
Solicitor Dan Johnson has appealed the ruling to the state Supreme Court.
Read more: http://www.dailymail.co.uk/news/article-2457913/South-Carolina-man-shot-unarmed-teenager-dead-NOT-face-trial-controversial-Stand-Your-Ground-law.html#ixzz2hejVIn3L
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