Road Rage Shooter Requests Immunity
Prosecutor: Stand Your Ground Statute Has Unintended Consequences
The road rage shooter accused of gunning down retired Army combat medic Lorenzo Freeman SR. in the parking lot of a Fort Mitchell Dollar General is using a “stand your ground” defense.
Justin Davidson is asking a Judge to grant him immunity from prosecution because he says he acted in self defense.
Davidson and Lorenzo Freeman’s son were locked in a road rage incident for nearly 27 miles from Columbus to Fort Mitchell when Davidson, using a 12 gauge shotgun
killed Freeman who witnesses reported were coming to his son’s aid.
In the latest court filing, Davidson, also a former soldier says he was the one acting in self defense.
The state of Alabama adopted a statute back in 2006 commonly referred to as “stand your ground” which the District Attorney says significantly changed the standards.
Davidson has to show a Judge, not a Jury only a preponderance of evidence that he was acting in self defense.
The most significant change though according to the Russell County Prosecutor is the person doesn’t have to retreat to safety.
“What that does in my opinion is it promotes confrontation. It promotes the likelihood that deadly physical force is going to be used when perhaps it wouldn’t have to be used,” Ken Davis said.
The statute wasn’t well thought out he says and is likely to have unintended consequences long term.
In the meantime, he says the evidence in this case doesn’t support Davidson’s stand your ground defense.
“I can tell you that we believe that the evidence is that the statue does not apply in this case and that’s what we will seek to prove,” Davis said.
A circuit Court Judge will typically hear the motion within 14 days of filing. A hearing on the motion for Immunity could take place as early as next week.
The attorney representing Justin Davidson did not respond to calls for comment about this report.
Davidson is currently being detained in the Russell County Jail on a $500,000 bond.
He was indicted on two counts of murder by a Russell County Grand Jury in May.
One of those counts is enhanced with the hate crime element after testimony that racial slurs were shouted at the crime scene.