‘Stand Your Ground’ Law: Where to Draw the Line Between Self-Def - Beckley, Bluefield & Lewisburg News, Weather, Sports

The killing of a Raleigh County man by bow and arrow has turned the public's attention to the state's 'stand your ground' law.

Christopher Saunders, 23, of Beckley was shot and killed after police said he approached a residence on Carmellia Street in Prosperity on June 29.

After a fight between Saunders and several individuals at the home, police said the homeowner shot Saunders with a bow and arrow.

While the shooting remains an open investigation by the Raleigh County Sheriff's Department, on Thursday, Kristen Keller, Raleigh County's Prosecuting Attorney, weighed in on where to draw the line between self-defense and the duty to retreat.

"It's the principle that wherever you are and whatever you're doing, if you have reason to believe you're in danger of serious bodily injury or death, either to yourself or your family member, then you can use whatever degree is reasonably necessary," said Kristen Keller, Raleigh County's Prosecuting Attorney.

The law of self-defense at its core, said Keller, is about reasonableness. If a person reasonably perceives a serious threat of harm, and uses reasonable force to meet that threat, the law justifies even deadly force, and it does so even if it turns out that the perceived threat wasn't real.

"That doesn't mean if someone is painting graffiti on your fence, you can shoot them, because it's not a reasonable act to use force to protect your property," added Raleigh County Sheriff Steve Tanner.

Tanner said the grey area is the duty to retreat – the principle that deadly force is permitted only as a last resort.

"What is the mindset of the person involved in an incident? Did they have a point of retreat? Could they back away, allowing it to de-escalate? Or were they captive to the circumstance?" said Tanner, on questions that need to asked in the course of an investigation.