Talladega 11 year-old follows self defense laws, 64 year-old in Sylvania breaks them all

Talladega 11 year-old follows self defense laws, 64 year-old in Sylvania breaks them all

Featured image: 64-year-old Neeley, of Sylvania, left, 11-year-old Chris Gaither, of Talladega, right


By Tyler Pruett

tyler@southerntorch.com

SYLVANIA, Ala.— On Saturday night over a week ago, in the town of Sylvania, a night of innocent yard rolling was violently interrupted by gunfire. Robert Lee Neeley, 64, of Sylvania confronted a group of teens, who were in the process of doing what many of us did in our teen years.

The group was parked in front of Neeley’s property. According to accounts from the victim and local law enforcement, they were confronted by an angry Neeley who asked them to leave while also brandishing a pistol. While the group of would-be yard rollers were trying to comply, Neeley fired two shots in the air, and then a third into one of their vehicles. The third shot struck 17 year-old Ethan Bethune in the hip.

Four days after the incident in Sylvania, another individual in an unrelated incident suffered a gunshot wound in Talladega.

Eleven year-old Chris Gaither was at his Talladega home on this Wednesday morning when an intruder broke in. After Gaither grabbed a knife to defend himself, the intruder threatened to kill him. While the petty thief likely assumed that this young man would cower and allow him to continue the robbery, Gaither grabbed his father’s nine-millimeter handgun and began to fire.

Seeing the boy’s resolve to defend himself and his home, the intruder fled with Gaither in pursuit, continuing to fire. One of the bullets struck the robber in the leg, leaving him “crying like a baby,” according to Gaither in an interview with WVTM 13.

The next day back in Sylvania, Neeley was forced to turn himself in on a number of charges stemming from Saturday night’s incident. He was charged with two counts of menacing, discharging a weapon into an occupied vehicle, and 2nd degree assault. While 64 year-old Neeley was being booked into the DeKalb County Jail, 11 year-old Gaither was becoming a viral sensation.

While Gaither’s story undoubtedly went viral due to his bravery at a young age and even mocking the criminal after the incident, his story is a clear cut case of self defense. This young man followed the laws of our state, and obviously faces no charges. Not only did he follow the law, he also gave the intruder a verbal warning before shooting. If he had of heeded the warning, he likely wouldn’t have been shot.

The Talladega intruder also threatened Gaither’s life, and reportedly was carrying a weapon. According to Alabama law, a person is justified in using force if, “he or she reasonably believes to be the use or imminent use of unlawful physical force by that other person.” If this wasn’t enough to justify his use of force the law also allows for it when someone is committing a “burglary of any degree.”

When it comes to Neeley, if accounts are true, he had no right to fire his weapon or even point it at the group of teenagers, neither legally or morally. While the teens’ behavior may have been suspicious, it’s unlikely they threatened Neeley in a way that made him reasonably fear for his life. Even if he was suspecting the teenagers were about to commit a burglary, they had not left the roadway or county right of way, meaning they were not trespassing and had just as much right to be there as Neeley.

In my personal opinion, the most disturbing aspect of Neeley’s actions was his quickness to resort to threats and violence. While many of us own firearms and are permitted to carry them for defensive purposes (including myself), we aren’t granted that right to point a firearm at others merely to intimidate them or because they seem suspicious.

While only the judicial system can convict Neeley, it certainly appears that his use of a firearm was out of anger instead of fear; apparently angry because a group of unarmed teenagers weren’t moving fast enough for him. Such actions show a blatant disregard for human life, and shooting out of anger at another human being should be treated as attempted murder, not assault. Someone who resorts to violence so quickly is a threat to public safety.

Ironically enough, if an individual who was in legal possession of a firearm had been traveling down that road and came across Neeley, pointing a weapon at a group of unarmed teenagers in a public roadway, that individual would have been justified in using deadly force against Neeley. Doing so would have been the proper use of a firearm and an individual’s right to protect themselves and others. It’s never legal or moral to use a firearm out of anger or to make yourself feel big.

One Response
  1. Great article, exactly on point when it comes to how the law reads.One of the reasons I’m a huge Southern Torch fan….A story based on real people, right and wrong and especially with some great morals. Thank you Southern Torch!!

Comments are closed.