Atlanta car owner arrested after shooting boy breaking into vehicle

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An Atlanta carjacking victim was arrested after allegedly shooting a boy who was breaking into his car.
Officials told Atlanta’s FOX 5 affiliate that police responded just before 3 a.m. to a person shot in Fairburn Mays, about 20 miles south of downtown.
When Atlanta Police Department officers arrived, they found a boy under the age of 18 with a gunshot wound to the foot, according to the report.
Police said the boy admitted to being shot after breaking into a car. He was transported to a local children’s hospital and is expected to survive.

Yoshay Carter, 51, was arrested after the incident and is charged with aggravated assault, according to police. (Fulton County Sheriff’s Office via FOX 5 Atlanta)
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Yoshay Carter, 51, the car’s owner, told authorities the shooting happened while he was confronting the boy, the outlet reported.
Carter was later arrested and charged with aggravated assault, according to police. He was booked into the Fulton County Jail.
Under Georgia law, there is a statute that covers “the use of force in defense of property other than a dwelling.”

The shooting happened about 20 miles from downtown Atlanta. (Alyssa Pointer/Bloomberg via Getty Images)
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Under the law, a person is justified in threatening or using force when they reasonably believe it is necessary to prevent or stop criminal interference with property they lawfully own.
However, use of force intended or likely to cause death or serious injury is not justified to protect property unless the person using force reasonably believes such force is necessary to prevent a “forcible crime,” according to Georgia law.

The Atlanta Police Department has not confirmed whether self-defense laws would apply in this case. (Atlanta Police Department/Facebook)
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Georgia also has a “no-retreat” statute, which states that those who use force to defend themselves, their home, or their property do not need to retreat.
Police have not confirmed whether self-defense laws applied in Friday’s case, according to the report.




