posted October 7, 2008
Since when do residents of Chattanooga and/or Hamilton County not have the right to defend themselves? I am making reference to the arrest of James Bryan Miller for "criminal homicide" and the fact that some media outlets have said Mr. Miller was wanted for murder.
The reported facts clearly state that three masked and armed assailants illegally entered the property where Mr. Miller was located. Mr. Miller grabbed a gun and started shooting, killing one of the thugs and wounding another.
I am not saying that Mr. Miller is an angel. I do not know, but clearly he has had legal problems before if his mug shot was so readily available.
Still, the important issue is that Mr. Miller is being charged with homicide while had he not done what he did, it is entirely possible that the thugs who broke into the property where Mr. Miller was located may have killed Mr. Miller and anyone else at the residence.
Three guys breaking into a residence while wearing masks and toting guns are not there to sell cookies.
The arrest of Mr. Miller is outrageous as it sends the message that no one can protect himself or herself, even in what are clearly life-threatening situations, without fear of legal repercussions. Why has no one in the media had the guts to ask law enforcement about this?
Joel Walker
* * *
Mr. Walker,
I agree with you completely. However, I believe the reason this person is being sought is because he failed to report the incident to the police. If I understand the law correctly, I can legally shoot and kill anyone who breaks into my home (especially those wielding shotguns), so long as I call the police to report it.
It sounds to me like a simple phone call to the police would have resulted in this victim avoiding warrants and murder charges. It is a shame that the media is leaving this bit of information out of their stories.
Everyone seems to be caught up in the death of the under-age perpetrator. As a result, the media makes it sound like the victim would have been charged with murder regardless of calling the police.
It also does send a confusing message to residents willing and able to defend themselves, their families, and their property.
Keith Guillot
Chattanooga
* * *
To put things simple Mr. Walker, Mr. Miller knowingly and intentionally fled the scene of a possible crime without contacting authorities, or emergency services. His actions both during the shooting and fleeing the crime scene resulted in the loss of life, which may, or may not have been self defense at the time, as stated it is still being investigated.
He has not been convicted of anything, only charged with criminal homicide, not 1st degree murder, and the main reason why he was charged is because of his failure to act within reason after he shot the intruders.
Confusing I know but here is an example of criminal negligence or homicide: you witness a car crash, it is obvious there are injuries and you are the only person, within reason, capable of rendering aid to the victims that could possibly save their lives yet you walk away just because you don't want to get involved in the incident. Your failure to act reasonably results in the loss of life. At that point you can be held criminally liable for the death of an individual. Again it was not the intent but the actions. This is partially the case with Mr. Miller's situation.
As I mentioned before, I believe it was a justified shooting and applaud him or anyone for fighting back against an intruder in a home invasion.
That is, if we've heard the whole story.
Todd Bowen
* * *
"Spokesperson Stokes said Miller was charged after he fled and did not contact authorities.
He said a court could decide if it was a justifiable shooting."
The Castle Doctrine is alive and well in Tennessee and in many other parts of the United States. Please see Title 39, Chapter 11, Part 6 of the Tennessee Code Annotated.
Everyone has the right to defend themselves in their own home. If someone breaks into your home and you feel that your life is in danger, you are within your rights to neutralize that threat with deadly force.
However, anyone who uses deadly force against another person will have to discuss the matter with law enforcement afterward. Mr. Miller was not charged for defending himself in his home. He was charged due to the fact that he shot two people and then fled without contacting local law enforcement.
This is not a matter of the media not having the guts to ask a question of law enforcement. Rather, this is a matter of Mr. Miller and Mr. Walker not knowing or not caring that rights also carry responsibilities. As citizens we have the right to defend ourselves, but we also have the responsibility to submit to questioning by law enforcement after deadly force is used to counter a deadly threat.
Kevin M. Scarborough
Chattanooga
* * *
I would like to point out to the author of this article, the man that killed the 16-year-old "thug" as you put it left the scene and did not report it to the police. If he was just protecting himself and the others in the home he would have dialed 911. Instead he decided to leave the scene and hide. That sir is only done by someone who has something to hide.
The media did make what they were informed known to the public so that we could make our own opinion of the situation. So really don't make the shooter out to be some saint for taking a "thug" off the street.
Also remember that this 16-year-old was still a kid and someone's child.
Oneka Lowe
Chattanooga
* * *
Based on reports on Chattanoogan.com, Mr. Miller shot one man in the face and chest, another in the back, and made no attempt to notify police, summon medical aid, or report the incident to authorities, in fact only fleeing to Georgia where he continued to not report this. This information also came out after the one survivor of the shooting refused to identify Miller as the shooter or even where it happened, if this didn't make it any less 'clear cut' for you. For days, Mr. Miller kept this exercised and inalienable right to himself, which doesn't strike you wrong at all, but the fact that homicide detectives thought it odd did get under your skin
Deputies didn't even charge him with murder or attempted murder; they charged him with criminally negligent homicide, and said a court could decide if it was a justifiable shooting since Mr. Miller elected not to explain it for himself. Where is the oppression in the system you are referring to? The only one that got "the message that no one can protect himself or herself" is you.
The message everyone else got, including 'the media', was the message that "shooting people under shady circumstances and fleeing" is not acceptable in a civilized society.
How awkward for you to have published this.
C.W. Joel
Harrison
* * *
I also read the article and found it outrageous, but consistent with victim blame that occurs every day in cases of child abuse (the child made it up), domestic violence (she was asking for it), robbery etc. Having a right to protect yourself against a robbery or harm is not complicated. However, victims are re victimized every day by the system that is supposed to protect them.
Al Edmonds
* * *
In my opinion Mr. Miller should be charged. Everyone has the right to defend themselves and their families in their own home, but along with that right comes the responsibility to report it.
This is not the first time an incident has occurred like this involving Mr. Miller that he failed to report. As a child laid dying, Mr. Miller or any of the alleged witnesses do not have the decency to come forward and let officials know what happened. Because Mr. Miller failed to call the police and report the incident. A mother is left wondering why her baby is gone with no answers while Mr. Miller is running because he is scared. How could you applaud someone like this?
I am a close friend to the family and have heard both sides. The media only tells bits and pieces so can you really form an opinion based on something like that? Children will be children, that includes sometimes going down the wrong path but is this really a reason to take someone's life? I'm not saying that it is okay to rob somebody, but if Mr. Miller would have called 911 it is possible that a mother would still have her child and Mr. Miller would not have any charges against him, the child would.
S. Strickland
sstrickland423@comcast.net
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