Atlanta car owner arrested after allegedly shooting boy breaking into vehicle
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A carjacking victim in Atlanta was arrested for allegedly shooting a child who broke into his car.
Officials told the affiliate FOX 5 Atlanta police responded to a shooting just before 3 a.m. in Fairburn Mays, about 20 miles south of downtown.
According to the report, when Atlanta Police Department officers arrived on scene, they found a boy under the age of 18 suffering from a gunshot wound to his foot.
Police said the boy confessed to the shooting after getting into the car. He was taken to a local children’s hospital and is expected to survive.
Yoshay Carter, 51, was arrested after the incident and charged with aggravated assault, according to police. (Fulton County Sheriff’s Office via FOX 5 Atlanta)
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The owner of the car, 51-year-old Yoshay Carter, told authorities that the shooting occurred while he was confronting the boy.
Carter was later arrested and charged with aggravated assault, according to police. He was sent to the Fulton County Jail.
Under Georgia law, there is a statute covering “the use of force in defense of non-residential property.”
The attack occurred about 20 miles from downtown Atlanta. (Alyssa Pointer/Bloomberg via Getty Images)
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A person is justified in threatening or using force when he or she reasonably believes that it is necessary, in accordance with the law, to prevent or stop criminal interference with property in his or her lawful possession.
However, under Georgia law, the use of force that is intended or likely to cause death or great bodily harm is not justified to protect property unless the person using the force reasonably believes that such force is necessary to prevent a “crime committed by force.”
The Atlanta Police Department has not confirmed whether self-defense laws would apply in the case. (Atlanta Police Department/Facebook)
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Georgia also has a “no duty to retreat” law, which states that those who use force in self-defense, defense of settlement, or defense of property need not retreat.
Police have not confirmed whether self-defense laws apply in Friday’s case, according to the report.
