Joe Hendrix unnecessarily killed a sick old man who presented absolutely no threat to him, and he is getting away with it because he can say he was scared and the state of Georgia can't prove otherwise. In my book, that makes him a coward and a murderer.
While this news sickens me, it should not surprise anyone. It should also present a very clear illustration of the problems with Georgia's Stand Your Ground (SYG) laws, which were a factor in the district attorney's decision not to press charges. Think Progress has the most thorough write up of the decision I've seen.
SYG played a key factor in this case. Hendrix had no duty to stay in the safety of his home. The DA in the case, Buzz Franklin, noted that while he believed Hendrix should have stayed in the house, under Georgia law, he had no duty to do so. Once a person claims self defense, the burden of proof shift back to the state to prove beyond a reasonable doubt that the shooter did not act in self defense. This is outrageous in a case such as this, where as a matter of objective fact, the victim was not a threat to the killer.
Mr. Westbrook was 72 years old, suffering from advanced Alzheimer's, and had been out in sub freezing temperatures for several hours. He could have have caused any harm to Hendrix or his fiance. Further, based on my experience around seniors suffering from Alzheimer's and similar conditions, I believe that Hendrix lied to the investigators about the events that night. According to the article, Hendrix claimed that Westbrook advanced on him in a "quick and aggressive manner". I seriously doubt that Mr. Westbrook was able to move either quickly or aggressively. My own personal observation and many articles on Alzheimer's and dementia document that as the condition progresses, patients become "slow, clumsy, and more likely to fall". Mr. Westbrook was also likely unable to comprehend or respond to Hendrix's commands.
It was a sad series of events that led to Ronald Westbrook's death last November. From him leaving his house, to a deputy failing to take him home, to his tragically ending up on Joe Hendrix's front porch. But the ultimate cause of his death was due to Joe Hendrix's extremely bad judgement. Joe Hendrix unnecessarily killed a sick old man who presented absolutely no threat to him, and he is getting away with it because he can say he was scared and the state of Georgia can't prove otherwise. In my book, that makes him a coward and a murderer.
To further rub salt in the wound, Georgia's particular flavor of SYG will likely protect Hendrix from civil penalties as well.
It's time for this law to go.