9:42 PM Dothan Criminal Defense Attorney Wins STAND YOUR GROUND Case In Montgomery Circuit Court
Rickey StokesViewed: 3110
Posted by: RStokes
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Date: Oct 02 2024 9:44 PM
After U.S. Marshals Capture, Defendant Cleared of Murder in Montgomery Stand Your Ground Case
The murder charges against 21-year-old Channy James were dismissed today by the Circuit Court of Montgomery County after a judge ruled that James acted in self-defense under Alabama's Stand Your Ground law. The case, which stemmed from the fatal shooting of Joseph McLean on June 12, 2021, was dismissed following a hearing held on September 6, during which the defense presented its argument that James feared for his life and had the legal right to defend himself.
The case began in the early hours of June 12 when James fatally shot McLean at around 3 AM after an altercation following a dice game in Montgomery. According to witness testimony, tensions escalated after McLean accused James of cheating him out of money. Witnesses reported that McLean used police codes during the confrontation, telling James, "It's a 211 or a 187," referencing the codes for robbery and murder. McLean then left the scene, allegedly telling James he was retrieving a gun from his car.
Fearing for his life, James first attempted to retreat to the safety of a relative's home but was confronted by McLean while exiting the house, going to his car to leave. James, who had a valid pistol permit, fired his weapon when McLean was actively drawing his weapon from his pant waist. Police did not find a gun on McLean's body, but the defense argued that the fear McLean instilled in James was real and immediate. James fled the scene in fear and was later apprehended by U.S. Marshals after a manhunt.
The defendant, represented by defense attorneys Michael Strickland and Dustin Fowler, filed a Motion to Dismiss the charges based on Alabama's Stand Your Ground statute. Under this law, individuals are permitted to use deadly force in situations where they reasonably believe they are in imminent danger of death or serious bodily harm.
During the hearing on September 6, the court reviewed witness statements, transcripts from previous hearings, and exhibits submitted into evidence and took live testimony from witnesses, including James. The testimony highlighted McLean's threatening use of police codes and his statement that he was retrieving a gun. According to the defense, this verbal threat was sufficient to instill fear in James, given the nature of their confrontation and McLean's reputation.
After careful review, the court ruled that James "had the right to use the force which he used to defend himself." As a result, all charges against Channy James were dismissed on October 1, and the court concluded that James had acted lawfully under the circumstances.
"We are pleased the court recognized that Channy was acting in self-defense and applied the law appropriately," said one of James' attorneys, Michael Strickland. "This was a tragic event, but it's important that Channy's rights to protect himself were acknowledged. The Stand Your Ground law exists for situations exactly like this, where an individual's life is at risk and they have no other choice but to defend themselves."
Dustin Fowler, co-counsel for the defense, echoed the sentiment: "At just 22 years old, Channy faced an impossible situation. He did what anyone in his position would do—he protected his life when confronted with a clear and immediate threat. We are grateful to the court for understanding the gravity of that decision."
The case has drawn attention due to its gripping narrative of self-defense, fear, and survival in the face of deadly threats. James' defense team highlighted not only the verbal threats made by McLean but also the emotional toll such an event took on the young defendant, who feared for his life and fled in terror after the shooting.
"This ruling sends a strong message that Alabama's Stand Your Ground law is there to protect those who find themselves in life-threatening situations," Fowler added. "We hope that Channy can now begin to move forward and put this traumatic chapter behind him."
The shooting and subsequent dismissal of charges reflect the complexities of self-defense cases in Alabama, where the Stand Your Ground statute allows individuals to use deadly force without a duty to retreat, provided they reasonably believe they are in imminent danger. The court's ruling today serves as a reminder of the legal protections afforded to individuals who are confronted with potentially lethal situations.
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