Topline
Andrew Lester, the 84-year-old white man charged with shooting 16-year-old Ralph Yarl, Black teenager in Kansas City, may invoke Missouri’s “stand your ground” law in his defense—an argument used by attorneys representing George Zimmerman, Kyle Rittenhouse and others over the last decade.
Key Facts
Missouri’s “stand your ground” law allows state residents to “use physical force” on another person if they “reasonably believe such force to be necessary to defend” themselves from that person, whom they “reasonably believe” to be using “unlawful force” against them.
The law also states a person “does not have a duty to retreat” from their home if they believe someone is “unlawfully entering”–-a clause commonly referred to as the “castle doctrine,” a defense used by Mark and Patricia McCloskey after they waved firearms at protestors outside their St. Louis home in 2020.
Lester told police he believed Yarl was attempting to break into his home and only meant to protect himself, according to the Kansas City Star, before shooting Yarl in the head and right arm.
A similar law was most recently used in the acquittal of 18-year-old Rittenhouse, who fatally shot two men and wounded another during a protest in Kenosha, Wisconsin, in 2020, after his attorneys argued the men Rittenhouse shot posed a threat to him.
Though Zimmerman’s attorneys did not reference Florida’s “stand your ground” law when he was acquitted of second-degree murder in the fatal shooting of Trayvon Martin, the jury that acquitted him was given details about it before they made a decision, according to the Washington Post.
Georgia’s “stand your ground” law was invoked by the attorneys representing three white men who claimed they acted in self-defense in the shooting death of Ahmaud Arbery, a 25-year-old Black man they said was a burglar, though they were each convicted of murder.
Contra
Criminal defense attorney Duncan Levin told Newsweek that Lester invoking the state’s “stand your ground” law would be a “nearly impossible defense to make,” as it would be difficult to argue Yarl was threatening Lester.
Surprising Fact
A 2022 study published by the JAMA Network suggests “stand your ground” laws across 41 states are associated with an 11% increase in monthly firearm homicide rates, amounting to 700 additional homicides each year.
Key Background
Yarl, who was released from the hospital Sunday, arrived at Lester’s home on April 13 after apparently thinking it was another home where his younger twin brothers were waiting to be picked up. Yarl told police Lester immediately shot him in the head after he knocked on Lester’s front door. Yarl was then shot a second time in his right arm and was allegedly told by Lester to not “come around here.” Lester has disputed these claims, and told police that Yarl was attempting to force his way into his home. Lester was initially arrested by police and then subsequently released after police said they needed to do more investigating. Lester was charged Monday with first-degree assault and armed criminal action, and is currently in custody with a bond set at $200,000. The shooting has resulted in widespread outrage, including from Vice President Kamala Harris, who tweeted Monday that “no child should ever live in fear of being shot for ringing the wrong doorbell.”
Further Reading
Elderly Man Accused Of Shooting Ralph Yarl Surrenders—After Being Released At First (Forbes)
‘He Didn’t Deserve To Get Shot’: Good Samaritan Who Helped Ralph Yarl Found Him Bloody And Motionless (NBC News)
Source: https://www.forbes.com/sites/tylerroush/2023/04/19/ralph-yarl-shooting-suspect-andrew-lester-may-invoke-stand-your-ground-law/