[Mello2u]

Since the story was about an incident in Warner Robins, GA; GA law should apply.

The following quote is of the applicable GA statute (in part) which should apply to this set of facts.

§ 16-3-21. Use of force in defense of self or others; evidence of belief that force was necessary in murder or manslaughter prosecution


(a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other's imminent use of unlawful force; however, except as provided in Code Section 16-3-23, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony.

From a reading of the article and applying the standard of the statute quoted, the 28-year-old Paresh Patel could be in for some legal troubles, if the government prosecutor decides to prosecute. I did see not an imminent use of force or threat to him or his father if the bad guy was merely fleeing; even though the bad guy committed at least two felonies § 16-8-41. Armed robbery and § 16-5-21. Aggravated assault.

The article reports:

Meanwhile, 28-year-old Paresh Patel heard his father’s cries for help, ran out of the home and shot the suspect as he was fleeing.

Anger and/or revenge is not legal justification to use deadly force in Georgia.

TENNESSEE v. GARNER, 471 U.S. 1 (1985) 471 U.S. 1 ( cited in jimpeel's post #37) can be distinguished from this report in that the bad guy could be classified as both armed and dangerous (unlike the deceased in the SCOTUS case) as he had shot someone (the father) only seconds before the son shot the bad guy.