North Carolina law is clear on use of deadly force in self-defense, professor says
FAYETTEVILLE, NC (WNCN) – Another night of protest in Fayetteville.
Late Wednesday evening, dozens of people gathered at the Food Lion on Bingham Drive and marched to where Jason Walker, 37, was killed.
It comes after Fayetteville police said Cumberland County Deputy Jeffrey Hash shot and killed Walker on Saturday afternoon.
Hash was in his personal Ford truck with his wife and daughter at the time, according to a 911 call.
He said Jason Walker crossed the street, jumped on his truck, tore a windshield wiper and started hitting his truck. At least one viewer has a different account.
Jason Walker’s brother told CBS News he doesn’t believe in Hash.
“It’s a very busy highway. It is not possible that he could have jumped on a vehicle. Nobody obeys the speed limits in front of my parents’ house, ”said Marlowe Walker.
“I was driving down the road and he came flying across Bingham Drive running and I pulled over. So I didn’t want to hit him and he jumped on my car and started screaming,” Hash told a 911 dispatcher.
CBS 17 found Hash had been in the Cumberland County Sheriff’s Office since 2005 with at least four promotions.
His attorney would not specifically comment on the case to CBS.
In North Carolina, there is a “no obligation pension law”. But you have to prove that someone is trying to inflict mortal bodily harm on you.
“Do they have a baseball bat?” Do they say if you get out of the car I’ll hit your head? Well, you’re safe from that threat as long as you’re in the car,” said Campbell University law professor Dr. Greg Wallace.
He also said that under the law of self-defense there are four things you have to prove.
You are not the original aggressor, overwhelming force was used, you cannot use deadly force to respond to non-lethal force, avoidance, and reasonable belief that such force is necessary.
“If you don’t prove all four in North Carolina, you fail your claim of self-defense,” Wallace said.
Currently, no charges have been filed in Walker’s death.
This is why the demonstrators are unhappy.
The SBI is investigating.
The Walker family is currently represented by attorney Benjamin Crump. Larger protests are expected to take place by the weekend.