Thoughts about the Karmelo Anthony Case
Years ago, I took a firearms familiarization class. Part of that class, was learning about when you can use deadly force (a.k.a. Use of Force), and when you do use it, what you should and should not say when you have used deadly force, and Duty to Retreat and Stand Your Ground laws in Alabama.
After seeing others post their thoughts, I am sharing mine based on my understanding of the law. Based on the comments and posts that I saw, a number of people do not understand duty to retreat, use of force, nor stand your ground.
DISCLAIMER: By no means am I a lawyer, and this is should not be considered legal advice. If you are in a similar situation, please consult with a lawyer licensed in the state where the offense occurred.
My Understanding of the Case
From what I understand that happened, Anthony and other individuals were at a track meet. It started raining/storming and players ran to the tents to take cover and not get wet. Anthony ran to the opposing team's tent. Metcalf and others who were on the opposing team, told Anthony that he needed to leave. Anthony refused repeatedly to leave. Once shoved by Metcalf, Anthony pulled a knife and stabbed Metcalf. Metcalf would later succumb to his injuries. Anthony was taken into custody and charged.
My Understanding of the Law
When applying the above to the knowledge that I learned about the case, there are several points to be made. Many have pointed out that the jury did not look like him at all, and that's why he got charged and convicted. While that could be factor, I'm not going to focus on that with the points I make.
Duty To Retreat
Anthony was asked multiple times to leave the opponent's tent and chose not to. Because he chose not to retreat when he had the option to do so, he then failed to apply the Duty to Retreat. From what I learned from the class, you have to attempt to leave the situation before using force. One exception to this, the Castle Doctrine, is when you are in your home, that you do not have a duty to retreat because your home is your castle.
Had Anthony attempted to retreat, and was followed or chased, then pulled the weapon, then the Stand Your Ground law and justifiable use of force might have been applicable. When you are somewhere that you should not have been, unauthorized area, and you choose to stay in that area, you can't claim Stand Your Ground.
Many have said that he was standing his ground. The problem is he was asked to leave the area and didn't. Because of this, he was in an unauthorized area. Since he was in an unauthorized area, stand your ground defense cannot be used, because it often requires a duty to retreat. Exceptions are when you are in your own home or dwelling.
Right To Defend Yourself
Anthony did not attempt to retreat before pulling his weapon. This is significant, because a duty to retreat is sometimes required in order to justify defending yourself. This requirement varies from state to state.
At a high level, if you do everything reasonable to retreat and are unable to get away from the individual(s), (i.e. backed into a wall, blocked in with vehicles, etc.), then the law says that you can use force (e.g. knife, taser bat) to defend yourself. In some cases, you are allowed legally use deadly force (e.g. gun) as long as the duty to retreat perquisite has been met.
Use of Force
In the case, things started as a push or shove from Metcalf with some exchange of words. Anthony responded by exchanging more words and pulling a knife.
The pulling of the knife is an escalation of force. Combine that with the fact that the escalation resulted in the use of deadly force, and the law really doesn't favor you using that force.
- knife vs knife => equal
- bat vs broken lamp => equal
- fist vs knife => not equal
In this case, when the knife was used, there was an unequal use of force. Combine that with the failure to retreat, and there's no positive outcome.
Murder vs Manslaughter
Some definitions to begin...
- manslaughter - caused bodily harm or death that was not premeditated
- murder - caused bodily harm or death that was premeditated
Based on the understanding mentioned above, I do not believe that Anthony intended to take Metcalf's life. I do believe that Anthony pulled the knife with the intent to cause harm, but not deadly harm.
Because of the intent of wanting to cause harm to get Metcalf away from him and the definition of "murder", it resulted in the murder charge.
Could a lower murder charge have applied? Probably. Knowing what I know, the prosecution will always go for the highest charge that will result in a conviction.
As it relates to what I learned in the class, it was insisted that if you ever use deadly force, to state that you were stopping the threat. Stopping the threat vs saying you wanted to kill or cause harm can mean the difference between murder and defend yourself. Not saying that is or isn't what happened in this case, as I did not watch the case or read the transcripts.
Conclusion
Do I understand why they charged him with murder? Yes.
Was there bias in the jury? I wouldn't question it. I also didn't watch the case to see their reactions to the information that was presented.
Do I believe that we should educate Black men about the law to reduce their chances of ending up in circumstances like this? Yes. As a black man, it is important to know when you can or cannot do things that will have you in legal hot water.
There's a lot that can be learned from this. Saying that the system is unfair and that the system is biased hasn't significantly changed the system at all. Some will say that the needle has moved, but in my opinion, it hasn't moved enough and could be moved more. Educating ourselves and others, on what can or should be done in circumstances like this, is the best strategy until a more significant change can occur and that bias can be removed and unlearned.