The question of whether a man who shot and killed a teenager who entered his home Friday was justified in his actions could be decided in a Hamilton County court.

James Bryan Miller, 22, was arrested Sunday in Whitfield County, Ga., two days after he shot at three masked people who entered his home in the 3900 block of Pattentown Road, one of them carrying a long-barreled weapon, police said. Isaac Robinson, 16, a sophomore at Central High School, was shot multiple times and died at Erlanger hospital. Michael Shadden, 19, also sustained gunshot wounds but survived, according to authorities.

Mr. Miller, whose Pattentown home is in Hamilton County between Chattanooga and Collegedale, did not notify law enforcement personnel about the incident nor did he wait at his house until officers could arrive, said Deputy Dusty Stokes, spokesman for the Hamilton County Sheriff’s Department. Several witnesses to the shooting identified Mr. Miller as the man who fired the shots, he said.

“If he had stayed at the scene, if somebody had notified police that the incident occurred and he had been there ... he still would have been charged with homicide,” Deputy Stokes said. “It’s up to the court to decide if it’s justifiable or not.”

Tennessee residents can protect themselves, their family members and their homes with a weapon, said Lt. Tim Carroll, head of the Chattanooga Police Department’s major crimes division. But they should wait for police in order to answer questions about the incident. Their actions after the incident may play a role in charges, he said.

“If you’re going to defend (your house), stay in it and call the police,” Lt. Carroll said. “(Say) ‘Here’s what happened.’ The police will take care of it.”

According to Tennessee law, a person is justified in threatening or using force against another person to if he or she reasonably believes that force is necessary to prevent or stop the other person’s trespass or interference with property.

Deciding to pursue charges in such cases falls to the district attorney’s office, which can, at any time, pursue the case or stop it based upon the facts, officials said. If a person claims self defense and a trial ensues, the jury makes the ultimate decision.

Though each circumstance is different, homeowners can follow certain procedures to secure their homes against break-ins, Deputy Stokes said. Those include using dead bolts and alarm systems and calling 911 if someone attempts to break in, he said.

The Chattanooga Police Department initially handled the case after Mr. Shadden told police that he and Mr. Robinson were shot after meeting two men in the Brainerd Road area while looking for a female friend. But an investigation showed the incident occurred outside city jurisdiction, at which time the sheriff’s department began handling the case.

No charges have been filed against those who gave police false information, Lt. Carroll said.

In June 2007, Mr. Miller pleaded guilty to felony aggravated burglary (occupied habitation) and was placed on supervised probation, according to court records.

He also pleaded guilty to misdemeanor assault and harrassment/oral threat earlier that year, according to court records.

Comments