Tuscaloosa Patch has defense attorneys walk thru self-defense law re: Jamea Harris killing

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The circumstances and video evidence raise potential questions of self-defense for both Davis and the other shooter — Harris' boyfriend Cedric Johnson — who was driving the Jeep during the incident and shot Davis twice.

If self-defense can be proven for Davis, then Miles, according to state law, would face no liability for providing the gun used in the fatal shooting. However, all bets for the defense will be off if the state can prove self-defense for Johnson.

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In the Jamea Harris case, both Davis and Johnson were armed at the time of the shooting and fair arguments for self-defense, based on evidence read in court and viewed on video by Patch, are likely to be made for both shooters. Indeed, the defense attorney for Davis claims Johnson fired first on his client, while Johnson told police that Davis ran up to the driver's side window and began firing.

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Fine spoke at length about Alabama's "Stand Your Ground" law and provided an easy-to-understand, three-part checklist for determining if the actions during the incident met the criteria for protection under the law.

You've got to be attacked in a place that you have a right to be at.
You can't be engaged in unlawful activity.
Most importantly: You have to be justified with respect to whatever level of force is used.

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Fine also said in self-defense cases, the outcome oftentimes comes down to the questions asked of the jury at trial — a sentiment agreed upon by Albea.

"Anybody can claim self defense, but who really is defending themselves and who is the aggressor is going to be a trial issue," Albea said. "Somebody is defending themselves or somebody is the aggressor, you can't be both."

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