WSMV4 Fact Check: Tennessee law does not allow use of deadly force to protect personal property

NASHVILLE, Tenn. (WSMV) – A man is now charged with second-degree murder in the shooting death of a 16-year-old. Gallatin police said the teen was seen breaking into a car in the parking lot of The Residences of Gallatin Sunday night.

Neighbors say they heard dozens of shots and the teenager was found lying in the road before being taken to the hospital where he died. Now Adrian Wilkerson is being charged with second-degree murder.

“You cannot use deadly force to protect property,” Criminal defense attorney David Raybin said.

There are two types – deadly force and force. He says deadly force is only for when your life or someone else’s is being threatened.

“We value life more than we do property. So therefore, if someone is taking your property, your lawn mower or something, you can run out and say, ‘stop, stop,’ and use force to stop that person from taking the lawn mower, for example. But you can’t shoot the person,” Raybin said.

There is one exception to this rule called the Castle Doctrine, for protecting your house or apartment.

“If you are in your own home and someone is breaking in, then the law presumes that you are afraid that the person is coming in who may harm you, and you may use deadly force,” Raybin said.

His advice if you see someone breaking the law? Record them and call the police because it’s not worth putting your own life at risk.

“There’s a lot of misunderstanding about it, but the bottom line is deadly force can only be used if you are personally or someone that you know is in immediate danger,” Raybin said.

If found guilty of second-degree murder one can face up to sixty years in prison.

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