A Garland County homeowner was roused from sleep early Friday morning to the sounds of someone starting his four-wheeler. He grabbed his handgun and rushed outside, intent on defending his property. The details of what happened next are still not clear, but an alleged thief was shot dead.
Many questions are being asked, however, whether this shooting was justified by Arkansas law. Garland County prosecutor Steve Oliver is making public statements about what is allowed by law when it comes to protecting yourself or your property, and some of what he is saying confuses the situation even more. He is quoted as saying, "If someone is trying to steal your bass boat, your truck, your four-wheeler, you can't shoot them". That statement isn’t completely accurate. Circumstances depend on where the above vehicles are parked (driveway or garage) and whether you are operating one of the vehicles when they are trying to steal them.
Arkansas law states:
Arkansas Code 5-2-608. Use of physical force in defense of premises.
(a) A person in lawful possession or control of premises or a vehicle is justified in using nondeadly physical force upon another person when and to the extent that he reasonably believes it necessary to prevent or terminate the commission or attempted commission of a criminal trespass by the other person in or upon the premises or vehicle.
(b) A person may use deadly physical force under the circumstances set forth in subsection (a) of this section when:
(1) Use of such force is authorized by § 5-2-607; or
(2) He reasonably believes the use of such force is necessary to prevent the commission of arson or burglary by a trespasser.
It is obvious Arkansas law allows deadly force to prevent a burglary by a trespasser. The question now is how far the prosecutor wants to go with the definition of a “burglary”.
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