Drizzt
Member
Right of self-defense
By James Locklear
Staff writer
LUMBERTON - Tony Paylor says he thought that two men who robbed him inside his mobile home on Nov. 14 were planning to kill him and his mother.
"They had no masks," he said. "They had to be thinking murder."
Paylor tried to keep calm as one of the men, Michael Terrell Roberts, marched him into a back room with a loaded .45-caliber pistol to his head. Paylor took the gun minutes later. He fatally shot Roberts after Roberts shot him in the knee.
The man who was with Roberts ran out of Paylor's house and is still at large.
Robeson County sheriff's investigators filed no charges against Paylor because state law allows people to use deadly force to protect themselves and other innocent people from serious injury.
There was a similar case in Cumberland County recently. Fayetteville police did not charge a man who fatally shot an intruder at his home in Fairlane Acres on Jan. 30.
Barrington
Carl Barrington, a Fayetteville lawyer, says many people don't understand state laws regarding the use of deadly force. In firearms classes, Barrington has taught the legality of using deadly force.
He said there are a lot of misconceptions. He said one of the biggest is that if a resident shoots a person trying to break in and the person falls out of the house, the resident will be charged with murder. He said some people talk about the need to drag a shot intruder back into their homes before the police arrive.
"That has nothing to do with it," he said. "The question is whether the person is breaking in with the intent to harm someone in there. You can use deadly force to keep them out, but not to keep them from taking something."
Police investigators say it would be a bad decision to move a body after a shooting because it is a crime to tamper with evidence. It could give the appearance of a cover-up and result in a person's being charged even though the shooting may have been justified.
Barrington said a person who catches a thief in a house cannot justifiably shoot the intruder unless there is a clear threat. He said people must use the "reasonable man test" for deadly force. That means that a person must be in a situation in which a "reasonable man" would be in fear of death, bodily harm or sexual assault.
"You have a right to protect yourself and your loved ones, but you have to do it in the way the law allows," Barrington said.
Clearly self-defense
Robeson County District Attorney Johnson Britt said the case involving Paylor is a good example of how the state law is designed to protect residents. He says Paylor's was a clear case of self-defense.
"Any time someone breaks into a home, it's a dangerous situation, even more so if you're there," Britt said. "You can use deadly force if you believe someone is coming in to hurt you. It goes back to the age old adage: A man or woman's home is their castle. You can do what is reasonable to protect yourself including deadly force."
Britt said he is not a gun advocate but supports an individual's right to own a firearm.
"Everybody has a right to bear arms," Britt said. "As long as they are lawfully buying them, there is no problem. What I don't want is folks who have lost their rights to buy and sell them. I want people to do it lawfully and go through training so they know how to lawfully use them."
Wayne Shugart is a firearms instructor in Fayetteville. He teaches gun safety and concealed-carry courses. Barrington helped him develop a 12-hour concealed-carry course that includes five hours of legal training regarding the use of deadly force.
Shugart says owning a firearm is only a portion of home defense. He said people should take other measures to prevent break-ins, such as installing dead bolt locks and alarm systems. They should also have a plan for reacting in the event of a break-in.
He advises people to keep pepper spray and cellular telephones handy.
"If someone breaks in, they will cut telephone lines," Shugart said. "A cell phone can be used to call 911."
He said gun owners should be familiar with their guns and get proper training before firing them. He said they need to make sure the weapons are properly maintained and secured. State law allows owners to be charged if their firearms are used in a crime or if a child is injured.
"They are more dangerous in the hands of someone who doesn't know how to use it," Shugart said.
Cumberland County sheriff's Lt. Sam Pennica said some people will be better suited with nonlethal weapons such as stun guns or pepper spray. He said firearms can malfunction or end up in the hands of children. He said he has seen cases in which someone pulled a gun on a burglar and the burglar took the gun away.
"You have to decide for yourself if you can handle a firearm," Pennica said. "You have to handle it safely, keep it secure and (have) the ability to function the weapon. If someone chooses to use a weapon, they certainly need to be educated to make sure they know how to operate it, maintain it properly and keep it away from children."
Caution needed
Pennica said firing a gun inside a home could also injure an innocent bystander. He said bullets easily go through interior walls, especially Sheetrock, and can strike people outside or in other rooms. They can also ricochet.
"The path of a bullet is undetermined. Once it hits something slightly it might knock it off its path. There's no predictability," Pennica said.
He said the most important thing is for people to have plans for dealing with emergencies. He said someone should be responsible for calling 911 and know where the weapons are located.
"It's like having an escape plan for a fire," Pennica said. "People should have the same preparation. An alarm system with a panic button is a good tool to have. If you feel threatened, just hit the panic button. The first thing to do is call 911. Have a neighbor look out for you. They can be part of the plan."
Tony Paylor said he had little time to react when Roberts and the other man pulled guns on him. He was finishing a late dinner when the men knocked on his door about 7 p.m.
He said he let them in after they inquired about a party he had scheduled for his 35th birthday. The next thing he knew, there was a loaded .45-caliber handgun pointed at his head. His mother and friend were forced to lie on the floor while the other man pointed a pistol at them.
Paylor said Roberts forced him to strip to his underwear and took $90. He said Roberts demanded more money and pistol-whipped him when he said he didn't have any more. Roberts rummaged through Paylor's dresser drawers and made more threats.
"He said he was going to shoot me in the leg, then the head and then kill my mother," Paylor said.
He said Roberts then shot him in the right knee. The bullet went out the back of his leg but didn't cause any major damage. Paylor fell and grabbed the gun from Roberts.
He shot Roberts in the neck and thigh. Roberts stumbled into the hallway and died. The other man ran.
Paylor said he has little recollection of what happened next. "It's unexplainable," he said. "It was unreal. It was just terrifying knowing people will try to come in your house and take what you have."
Emotional scars
Robeson County sheriff's Capt. Randal Patterson investigated the shooting at Paylor's home. Patterson said investigators met with Britt, the district attorney, who said the shooting was self-defense.
"He saw an opportunity to grab the gun and defend himself. You have that right," Patterson said.
The wound on his knee has healed, but Paylor said he still carries the emotional scar. He said he struggles with day-to-day activities and has difficulty concentrating at work.
Paylor, a Lumberton barber, was a football standout at South Robeson High School in the mid-1980s. He spent four years as an airborne cook at Fort Bragg.
Paylor said his military and self defense training helped him to remain calm after he was shot. He said he's glad his quick thinking kept his mother from getting hurt.
"It's been hard on me. I think about it every day," he said. "It happened in the house I stay in. I can still see this guy on the floor. A lot of people look at me different in the community when they see me out. It's been difficult on my mom. She's got a lot of stress."
Barrington remains an advocate for using guns in situations such as Paylor faced. He says recent terrorist events in the United States, including the Sept. 11, 2001, attacks on the World Trade Center and Pentagon and the sniper attacks in the Washington area last year, have led more people to seek handgun training and concealed-carry permits. He thinks troop deployments at Fort Bragg and Pope Air Force Base will cause another increase.
The state General Assembly enacted a concealed-carry law effective Dec. 1, 1995. The county sheriffs' offices issue the permits. They are valid for four years and can be revoked. Of the 53,352 permits that had been issued statewide through Oct. 31, only 289 have been revoked, according to the State Bureau of Investigation.
Barrington said he has been saved from serious injuries three times because he pulled a handgun on bandits.
Once, he said, three men - two armed with knives - confronted him on the New Jersey Turnpike. The men ran after he pulled a gun.
"I'm a believer of people carrying concealed," Barrington said. "A gun in the hand of a law-abiding citizen is a wonderful thing. A gun in the hands of a nut is a horrible thing."
http://www.fayettevillenc.com/story.php?Template=news&Story=5473121
By James Locklear
Staff writer
LUMBERTON - Tony Paylor says he thought that two men who robbed him inside his mobile home on Nov. 14 were planning to kill him and his mother.
"They had no masks," he said. "They had to be thinking murder."
Paylor tried to keep calm as one of the men, Michael Terrell Roberts, marched him into a back room with a loaded .45-caliber pistol to his head. Paylor took the gun minutes later. He fatally shot Roberts after Roberts shot him in the knee.
The man who was with Roberts ran out of Paylor's house and is still at large.
Robeson County sheriff's investigators filed no charges against Paylor because state law allows people to use deadly force to protect themselves and other innocent people from serious injury.
There was a similar case in Cumberland County recently. Fayetteville police did not charge a man who fatally shot an intruder at his home in Fairlane Acres on Jan. 30.
Barrington
Carl Barrington, a Fayetteville lawyer, says many people don't understand state laws regarding the use of deadly force. In firearms classes, Barrington has taught the legality of using deadly force.
He said there are a lot of misconceptions. He said one of the biggest is that if a resident shoots a person trying to break in and the person falls out of the house, the resident will be charged with murder. He said some people talk about the need to drag a shot intruder back into their homes before the police arrive.
"That has nothing to do with it," he said. "The question is whether the person is breaking in with the intent to harm someone in there. You can use deadly force to keep them out, but not to keep them from taking something."
Police investigators say it would be a bad decision to move a body after a shooting because it is a crime to tamper with evidence. It could give the appearance of a cover-up and result in a person's being charged even though the shooting may have been justified.
Barrington said a person who catches a thief in a house cannot justifiably shoot the intruder unless there is a clear threat. He said people must use the "reasonable man test" for deadly force. That means that a person must be in a situation in which a "reasonable man" would be in fear of death, bodily harm or sexual assault.
"You have a right to protect yourself and your loved ones, but you have to do it in the way the law allows," Barrington said.
Clearly self-defense
Robeson County District Attorney Johnson Britt said the case involving Paylor is a good example of how the state law is designed to protect residents. He says Paylor's was a clear case of self-defense.
"Any time someone breaks into a home, it's a dangerous situation, even more so if you're there," Britt said. "You can use deadly force if you believe someone is coming in to hurt you. It goes back to the age old adage: A man or woman's home is their castle. You can do what is reasonable to protect yourself including deadly force."
Britt said he is not a gun advocate but supports an individual's right to own a firearm.
"Everybody has a right to bear arms," Britt said. "As long as they are lawfully buying them, there is no problem. What I don't want is folks who have lost their rights to buy and sell them. I want people to do it lawfully and go through training so they know how to lawfully use them."
Wayne Shugart is a firearms instructor in Fayetteville. He teaches gun safety and concealed-carry courses. Barrington helped him develop a 12-hour concealed-carry course that includes five hours of legal training regarding the use of deadly force.
Shugart says owning a firearm is only a portion of home defense. He said people should take other measures to prevent break-ins, such as installing dead bolt locks and alarm systems. They should also have a plan for reacting in the event of a break-in.
He advises people to keep pepper spray and cellular telephones handy.
"If someone breaks in, they will cut telephone lines," Shugart said. "A cell phone can be used to call 911."
He said gun owners should be familiar with their guns and get proper training before firing them. He said they need to make sure the weapons are properly maintained and secured. State law allows owners to be charged if their firearms are used in a crime or if a child is injured.
"They are more dangerous in the hands of someone who doesn't know how to use it," Shugart said.
Cumberland County sheriff's Lt. Sam Pennica said some people will be better suited with nonlethal weapons such as stun guns or pepper spray. He said firearms can malfunction or end up in the hands of children. He said he has seen cases in which someone pulled a gun on a burglar and the burglar took the gun away.
"You have to decide for yourself if you can handle a firearm," Pennica said. "You have to handle it safely, keep it secure and (have) the ability to function the weapon. If someone chooses to use a weapon, they certainly need to be educated to make sure they know how to operate it, maintain it properly and keep it away from children."
Caution needed
Pennica said firing a gun inside a home could also injure an innocent bystander. He said bullets easily go through interior walls, especially Sheetrock, and can strike people outside or in other rooms. They can also ricochet.
"The path of a bullet is undetermined. Once it hits something slightly it might knock it off its path. There's no predictability," Pennica said.
He said the most important thing is for people to have plans for dealing with emergencies. He said someone should be responsible for calling 911 and know where the weapons are located.
"It's like having an escape plan for a fire," Pennica said. "People should have the same preparation. An alarm system with a panic button is a good tool to have. If you feel threatened, just hit the panic button. The first thing to do is call 911. Have a neighbor look out for you. They can be part of the plan."
Tony Paylor said he had little time to react when Roberts and the other man pulled guns on him. He was finishing a late dinner when the men knocked on his door about 7 p.m.
He said he let them in after they inquired about a party he had scheduled for his 35th birthday. The next thing he knew, there was a loaded .45-caliber handgun pointed at his head. His mother and friend were forced to lie on the floor while the other man pointed a pistol at them.
Paylor said Roberts forced him to strip to his underwear and took $90. He said Roberts demanded more money and pistol-whipped him when he said he didn't have any more. Roberts rummaged through Paylor's dresser drawers and made more threats.
"He said he was going to shoot me in the leg, then the head and then kill my mother," Paylor said.
He said Roberts then shot him in the right knee. The bullet went out the back of his leg but didn't cause any major damage. Paylor fell and grabbed the gun from Roberts.
He shot Roberts in the neck and thigh. Roberts stumbled into the hallway and died. The other man ran.
Paylor said he has little recollection of what happened next. "It's unexplainable," he said. "It was unreal. It was just terrifying knowing people will try to come in your house and take what you have."
Emotional scars
Robeson County sheriff's Capt. Randal Patterson investigated the shooting at Paylor's home. Patterson said investigators met with Britt, the district attorney, who said the shooting was self-defense.
"He saw an opportunity to grab the gun and defend himself. You have that right," Patterson said.
The wound on his knee has healed, but Paylor said he still carries the emotional scar. He said he struggles with day-to-day activities and has difficulty concentrating at work.
Paylor, a Lumberton barber, was a football standout at South Robeson High School in the mid-1980s. He spent four years as an airborne cook at Fort Bragg.
Paylor said his military and self defense training helped him to remain calm after he was shot. He said he's glad his quick thinking kept his mother from getting hurt.
"It's been hard on me. I think about it every day," he said. "It happened in the house I stay in. I can still see this guy on the floor. A lot of people look at me different in the community when they see me out. It's been difficult on my mom. She's got a lot of stress."
Barrington remains an advocate for using guns in situations such as Paylor faced. He says recent terrorist events in the United States, including the Sept. 11, 2001, attacks on the World Trade Center and Pentagon and the sniper attacks in the Washington area last year, have led more people to seek handgun training and concealed-carry permits. He thinks troop deployments at Fort Bragg and Pope Air Force Base will cause another increase.
The state General Assembly enacted a concealed-carry law effective Dec. 1, 1995. The county sheriffs' offices issue the permits. They are valid for four years and can be revoked. Of the 53,352 permits that had been issued statewide through Oct. 31, only 289 have been revoked, according to the State Bureau of Investigation.
Barrington said he has been saved from serious injuries three times because he pulled a handgun on bandits.
Once, he said, three men - two armed with knives - confronted him on the New Jersey Turnpike. The men ran after he pulled a gun.
"I'm a believer of people carrying concealed," Barrington said. "A gun in the hand of a law-abiding citizen is a wonderful thing. A gun in the hands of a nut is a horrible thing."
http://www.fayettevillenc.com/story.php?Template=news&Story=5473121
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