A paradigm of just how badly stand your ground can go wrong is when a Black man brutally attacked by a group of White men is charged with murder, testifies that he didn’t intend to kill one, but did, and then a judge decides he is not immune from prosecution – because the self-defense was unintentional.
It happened in Georgia, and the story of Jesse Murray, as revealed in media and police reports, goes beyond blatant disregard for the stand your ground law he tried to use, after becoming the victim of a brutal racist attack.
It reportedly all begins at a sports bar in Clayton County, Georgia, where 33-year-old Murray met with his estranged wife, Traci, for a meal, to discuss their relationship and children. The couple had once been regular customers of the business and were known by employees there.
After their meal, the Murrays tried their hand at a game of pool while having a few drinks, as a party was taking place nearby. Nathan Adams, a White male who was allegedly drunk, along with a woman, stumbled into Traci, and Murray, who is Black, tried to stop them from falling.
Adams – who just happened to be an ex-cop – offered no apologies, but allegedly warned Murray not to touch him again, as Murray stood between Traci and Adams and told him to get away from his wife.
A drunken Adams reportedly told Murray, “You need to f*cking leave” as four other White men, apparently Adams’ friends, appeared to surround Murray, and Adams pushed him in the chest.
Murray said he walked away from the men, went outside to his car, grabbed his licensed handgun and headed back toward the entrance to go back inside to bring his wife Traci out. He put the gun in his pocket.
As he tried to go back into the bar, Adams’ group blocked the door. Murray told the men to let his wife come out of the bar, but they refused, and instead moved toward him into the parking lot.
Several men accused of attacking Murray reportedly claimed they were concerned Murray was going to get a gun, had made threatening statements, and had called the woman who was with Adams an offensive name.
WSB-TV reports that Murray testified, “I was scared. I was definitely, at that moment, I was in fear. I was scared,” He also said, “They just made trouble happen for no reason.”
Adams threw a punch at Murray and all four men jumped in, kicking punching, and tackling Murray to the ground, then choking him as Adams held him by the arm.
In chilling court testimony, Murray testified that, “As he [Adams] was pulling on me I just remember him grunting.” Murray said soon after that Adams appeared to reach for (or his hands got close to) the gun in Murray’s pocket.
“At that point, when I pulled back, that’s when my gun discharges.” Murray was then able to escape – as one of the men shot at him – and run to a nearby business, from where he called police.
When police arrived, Murray surrendered his weapon and tried to explain what happened, but was handcuffed by the responding officer. While Murray was cuffed, one of Adams’ friends allegedly ran up and punched Murray in the head.
Responding officers didn’t arrest the man who punched Murray, who was then placed into a patrol car, as a white officer (off-duty and out of uniform) – who was another of Adams’ friends – arrived on the scene, and shouted, “Do you know who we are? We’re going to fry your black ass!” reports rollingout.com.
Adams was pronounced dead at a hospital. Murray was transported to jail, where he was charged with first-degree murder and aggravated assault. No one else was charged with a crime that night.
After a stand your ground hearing in June, Clayton County Superior Court Judge Albert R. Collier denied stand your ground immunity for Murray, stating that Murray was not in fear for his life. If convicted, he now faces up to 15 years in prison.
The judge responded that it doesn’t appear to the court “that the other men in the vicinity were acting in such a way that would cause the defendant to reasonably believe that deadly force was necessary to prevent death or great bodily injury to himself or a third party.”
The Judge’s ruling also states that, “The court cannot reconcile the defendants asking for immunity under a self-defense statute, by stating that the use of deadly force was justified, and then also stating that the use of deadly force was unintentional.”
Murray’s defense attorney Mawuli Mel Davis plans to file a Motion to Reconsider.