Point Arcadia Stand Your Ground SECTION 16-11-440 (A) & (C)
Channel: Anonymous
Date: 2015-02-17

!!This video is property of the South Carolina Highway Emergency & Local Patrol and can not be used or reproduced without permission!!

SECTION 16-11-440. Presumption of reasonable fear of imminent peril when using deadly force against another unlawfully entering residence, occupied vehicle or place of business.

(A) A person is presumed to have a reasonable fear of imminent peril of death or great bodily injury to himself or another person when using deadly force that is intended or likely to cause death or great bodily injury to another person if the person:

(1) against whom the deadly force is used is in the process of unlawfully and forcefully entering, or has unlawfully and forcibly entered a dwelling, residence, or occupied vehicle, or if he removes or is attempting to remove another person against his will from the dwelling, residence, or occupied vehicle; and

(2) who uses deadly force knows or has reason to believe that an unlawful and forcible entry or unlawful and forcible act is occurring or has occurred.

(B) The presumption provided in subsection (A) does not apply if the person:

(1) against whom the deadly force is used has the right to be in or is a lawful resident of the dwelling, residence, or occupied vehicle including, but not limited to, an owner, lessee, or titleholder; or

(2) sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship, of the person against whom the deadly force is used; or

(3) who uses deadly force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or

(4) against whom the deadly force is used is a law enforcement officer who enters or attempts to enter a dwelling, residence, or occupied vehicle in the performance of his official duties, and he identifies himself in accordance with applicable law or the person using force knows or reasonably should have known that the person entering or attempting to enter is a law enforcement officer.

(C) A person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be, including, but not limited to, his place of business, has no duty to retreat and has the right to stand his ground and meet force with force, including deadly force, if he reasonably believes it is necessary to prevent death or great bodily injury to himself or another person or to prevent the commission of a violent crime as defined in Section 16-1-60.

(D) A person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or a violent crime as defined in Section 16-1-60.

(E) A person who by force enters or attempts to enter a dwelling, residence, or occupied vehicle in violation of an order of protection, restraining order, or condition of bond is presumed to be doing so with the intent to commit an unlawful act regardless of whether the person is a resident of the dwelling, residence, or occupied vehicle including, but not limited to, an owner, lessee, or titleholder.

The man who you see in the video I discovered, had entered into J-151 while the homeowner was in another State without the homeowners consent and took items not belonging to him off the property of J-151's without consent. He was the mantinence employee of the Condominium complex I live in. He knew I wanted him to confess to his crime so I could report him to the complex home owners association and his buddy that was with him that helped load items up and take away without the homeowners consent. He also knew I was video recording at the time too and wasn't about to confess to burglary on video. So I confronted him about his violating my Service Animal Rights under both Federal and State Laws and when I realised he knew I was videoing him and he was not going to fess up so I could report him to the board I told him I would see him in Court. That's not a threat of physical harm to him that's a statement of how I intend to handle things. My conversation to him at at that time "see you in Court" comment was over and I was attempting to safely go home and he became very physically and verbally intimidating and he persued me while I was retreating and I had closed a door behind me he burst through the door and verbally threatened me. I then stood my ground against him and only then did he stop due to pointing a firearm at him, desculating the situation and both of us went home safely that night. This man was over 6 feet tall, I am only 5 foot 6 inches tall. I am physically disabled and extremely vulnerable to physical attack. His arms and legs are much longer than mine, meaning that he can reach out and touch me before I can even think about letting him. He was over 100 pounds heavier than me I weighed only 150 pounds.