Does an employee have the right to self defense?

Attorney Josh Pozsik share his thoughts on a GA Waffle House shooting

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COLUMBIA SC (WOLO)–Early in the morning of December 29, three men went into a Waffle House in Newman Georgia.  After eating, they passed a note to the waitress demanding money, or they would shoot everyone in the restaurant.  According to reports, the men collected about $200 and left.  As they went to their car, former Waffle House employee Heather Burkinshaw-Stanley followed out the door, going to her own car to retrieve her pistol, and fired a “warning shot” over the heads of the suspects.

The suspects left the area, and are currently at large.  As for Burkinshaw-Stanley, she was terminated from Waffle House, who cited a violation of employee policy.  Burkinshaw-Stanley said that she followed the suspects outside and fired the shot in self-defense, as she didn’t know if they would come back in the store and shoot people.

Attorney Josh Pozsik from Columbia Law Firm Pozsik-Carpenter shared his analysis of Burkinshaw-Stanley’s actions from the self-defense standpoint, addressing the Castle Doctrine, known as the “Stand Your Ground” law, as well as the 1985 Tennessee v. Garner fleeing felon decision that impacts law enforcement.



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