Self-defense law might give citizens more rights
By MACKENZIE MATTHEWS
Media General News Service
Tuesday, March 14, 2006

COLUMBIA - Sen. Hugh Leatherman of Florence is a strong believer in the rights of everyday citizens.

That’s why he said he’s proposing a bill in the state Senate that would make self-defense laws in South Carolina a little less strict.

Sen. Brad Hutto, an attorney in Orangeburg, said laws in South Carolina require a person who is being attacked to retreat, or run away, if at all possible, before using any type of deadly force on the attacker.

Under Leatherman’s bill, the requirement to retreat would be deleted and deadly force could immediately be exerted on the attacker to prevent bodily injury to or death of the victim.

“If you’re stopped at a traffic light, somebody opens the door and comes in, you have reason to believe that they’re there to harm you, do serious harm to you, I think you ought to have the right to use whatever force you have available to you to protect yourself,” Leatherman said.

Hutto, who is on the committee that has been assigned to study and discuss the bill, said retraction of the retreat clause would only apply to a person’s home, vehicle or place of business.

So if someone was attacked while walking down a street, he or she would be required by law to try to get away before using any type of weapon or deadly force on the attacker.

Curt Summerford Jr. of Flor- ence said more bills like this are needed to provide protection for victims.

“If your life is in danger, I think you have a right to kill, to defend your life,” he said.

His store, Curt’s German Delicatessen and Grocery, was robbed in April 1996.

Summerford, who was first hit over the head with a bottle, shot and killed Harry Lee Ervin Jr. as he tried to rob the store. He said retreating wasn’t an option for him.

“I have bad legs. I couldn’t run. I couldn’t do anything anyway,” he said. “I was just trying to stay alive, that’s what I was trying to do.“

Questions arose in the community as to whether Summerford had a right to kill Ervin, but no charges were brought against him.

“I was in fear of my life. I was trying to survive,” Summerford said. “I crawled on my hands and knees to get away from him as far as I could, but I was just waiting to get killed any second. He was threatening my life.”

And even though Summerford said he plans to retire in three weeks, memories of the robbery will haunt him for the rest of his life.

“I go to bed with it every night, I wake up every day with it,” he said. “It’s been with me ever since.”

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