Tennessee law does not allow the use of deadly force to protect personal property

NASHVILLE, Tenn. (WSMV) – A man is now charged with first-degree murder for shooting a 16-year-old girl. Gallatin police said the teenager was observed breaking into a car in the parking lot of The Residences of Gallatin on Sunday evening.

Neighbors said they heard dozens of gunshots and the teen was found lying in the street before being taken to the hospital where he died. Now Adrian Wilkerson is charged with first-degree murder.

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

There are two types: deadly force and violence. He says deadly force is only appropriate when your own life or that of another is threatened.

“We value life more than our property. So if someone takes your property, your lawnmower or anything else, you can run up and yell ‘stop, stop,’ and use force to stop the person from taking the lawnmower, for example. But you can’t shoot the person,” Raybin said.

There is an exception to this rule, called the Castle Doctrine, which is designed to protect your home or apartment.

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

His advice if you see someone breaking the law: Record the crime and call the police because it is not worth risking your own life.

“There are a lot of misconceptions about this, but the bottom line is that deadly force should only be used when you or someone you know is in immediate danger,” Raybin said.

If convicted of premeditated murder, he faces up to sixty years in prison.

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