Jefferson Parish sheriff's deputies continue to investigate the shooting in which a woman shot another driver during a road rage incident yesterday on Airline at Clearview in Metairie. The sheriff's office let the woman who fired the gun go without charges, stating that the shooting was justified as "self-defense."
According to one attorney, that's not a surprise.
"We're in a 'stand your ground' state," All Things Legal host Doug Sunseri told WWL's Tommy Tucker.
According to Sunseri, that means a person does not have a duty to retreat before using justified force. However, Sunseri notes that investigators--and possibly a jury--will have to weigh several questions to determine whether the shooter committed a crime.
"There are a lot of facts that are unknown at this point," Sunseri said. "Was the window opened or closed? What was said when she approached? Was there some type of aggressive move toward the occupant of the car? Was a firearm displayed? Were there any words exchanged?
"All those facts get cooked into the gumbo to determine whether the stand your ground type of statute applies."
Sunseri says one fact regarding the case will help the shooter's cause.
"You're in an enclosed space in a car. You have nowhere to go," Sunseri said. "It's just a matter of whether a reasonable person would believe they are in danger."
Sunseri says even though Louisiana is a "stand your ground" state, drivers should do all they can to stay out of situations like this.
"Nothing good comes from it, and it's not going to modify the other person's behavior if you think about it objectively," Sunseri said.
