A teenager in South Carolina is no longer facing murder charges after a judge determined he was acting in legitimate self-defense when he shot and killed another teen who was assaulting him.
Joseph Jones was 17 when the defensive gun use took place in February, 2023, and he could still potentially face charges for illegally carrying a handgun, but earlier this month a judge disagreed with the prosecution's contention that it was Jones's gun possession that was the cause of the death of 17-year-old Marcus Ross.
Ross entered Smith’s Grocery near downtown Mullins at 3:47 p.m. and purchased several items.
At 3:49 p.m., the documents show Jones walked in and passed Ross without any acknowledgment.
After noticing Jones, Ross positioned himself near the exit and removed items before placing them in a backpack, “suggesting he was preparing for a potential confrontation while waiting for Jones to leave,” the motion reads.
Jones completed his purchase at 3:50 p.m. and again walked past Ross without saying anything, the motion states.
Ross began to follow Jones while carrying an open backpack, which contained a can of mace and a large butcher knife, the documents show.
Jones tried multiple times to get Ross to stop following before his defense said that Ross shoved Jones once they got out of view of the store’s camera, leading to a fight between the two.
During the struggle, a gun ripped out of Jones’ bag and fell to the ground, the defense said.
Jones saw Ross reach for the gun, leading to Jones also trying to get the gun out of fear for his safety, according to the defense.
Jones’ defense said the gun went off during the fight for control of the gun, hitting Ross.
“Ross stalked, followed, and initiated the physical confrontation that led to his demise,” the motion reads.
I'm somewhat surprised that the judge agreed with the defense, given that there's a provision in South Carolina's Stand Your Ground law that states the presumption of reasonable fear of imminent peril of death or great bodily injury does not apply if the person using deadly force is "engaged in an unlawful activity."
Even under South Carolina's permitless carry law minors can't lawfully carry a firearm, and at the time of the shooting state law required a concealed carry permit in order to, say, carry a gun in a backpack. Circuit Court Judge William H. Seals, however, ruled that in order for the case to move forward, prosecutors had to "prove beyond a reasonable doubt that the unlawful act here, the carrying of a pistol by a person under 18 years old, was at least the proximate cause of the homicide."
“In this case, the evidence supports a finding that the defendant’s unlawful carrying was not the proximate cause of the shooting. Instead, the only evidence supports a finding that the decedent’s aggression was the proximate cause of the shooting, which led to his death.”
If Jones hadn't been carrying a pistol in his backpack, Ross probably wouldn't have been shot. But if Ross hadn't assaulted Jones, he wouldn't have been shot either, even if Jones had a handgun in his possession. Ross would be alive today if not for his decision to follow Jones out of the store and then attack him.
I confess that I still don't understand how the judge's ruling jibes with the Stand Your Ground statute, but I'll readily concede that Seals knows a lot more about South Carolina statutes than I do. It will be interesting to see if prosecutors go after Jones for illegally carrying the gun he used in self-defense, but for now Jones is a free man and immune from prosecution or civil litigation in regards to Ross's death.
Editor’s Note: After more than 40 days of screwing Americans, a few Dems have finally caved. The Schumer Shutdown was never about principle—just inflicting pain for political points.
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