ATV rider shot, killed after 2 people run over in NC town; man charged with murder

Hondasxs

Hondasxs

Club Founder
Staff member
Lifetime Member
Supporting Member
Feb 13, 2013
18,500
67,170
113
Charlotte, NC
HondaSxS.com
Ownership

  1. 1000-5

  2. Talon R
What is your thoughts on this
Source - ATV rider shot, killed after 2 people run over in NC town; man charged with murder
CHARLOTTE, N.C. (WBTV) – A person riding a four-wheeler that ran over two people in Burke County early Monday morning was shot and killed, officials say.

The incident happened just before 2 a.m. at a property on Old N.C. 18 in Connelly Springs.

The Burke County Sheriff’s Office says two people were riding a four-wheeler on someone else’s property when the four-wheeler ran over two people.

A third person, later identified as Andrew Smith, reportedly fired “multiple shots” at the four-wheeler, deputies say. A person riding the four-wheeler was shot and died a short time later.

Smith is facing murder charges. He said he was protecting his family.

The State Bureau of Investigation is assisting in the investigation.

The name of the person killed has not been released. The conditions of the others involved were not provided.

Smith is being jailed without bond.
 
Hondasxs

Hondasxs

Club Founder
Staff member
Lifetime Member
Supporting Member
Feb 13, 2013
18,500
67,170
113
Charlotte, NC
HondaSxS.com
Ownership

  1. 1000-5

  2. Talon R
This should never happen at all and is very sad.

1. the rider should not be trespassing.
2. In most states, including NC, you CAN NOT shoot someone for trespassing no matter the issue or how many times you ask them to leave.
3. If the threat is fleeing you can not shoot them.

Its sad day for both sides.

The news does not say.
I would guess the people who were ran over were trying to block the ATV from escaping. At that point, shots were fired and to the back of the ATV rider. Common law should be known you never shoot someone in the back. NC state law says you are allowed to protect yourself from a deadly threat BUT if the threat is fleeing you can not.
Now, had the rider been shot in the front. Well, that's up for debate. Yet still, most likely the people on the ground injected themselves into that situation, therefore the right to defend becomes a thin line of interpretation.

Just my thoughts.
 
Last edited:
Vikes79

Vikes79

SKOL!
Lifetime Member
Jul 18, 2018
11,771
114,131
113
South Dakota
Ownership

  1. 1000-5

  2. Talon X4 LV
That’s a tough one. Not a whole lot of information to draw a logic based conclusion without making a bunch of assumptions.

Were they riders trespassing, sounds like it.

Was the person firing with the group of two that were ran over, or was he over 1000 feet away and not in immediate danger? I hate to use this but we don’t know.

Alcohol? I’m sure but we don’t know.
 
TripleB

TripleB

Well-Known Member
Lifetime Member
Aug 13, 2018
15,618
140,488
113
Caryville, Tennessee
Ownership

  1. 1000-3

  2. 1000-5
This should never happen at all and is very sad.

1. the rider should not be trespassing.
2. In most states, including NC, you CAN NOT shoot someone for trespassing no matter the issue or how many times you ask them to leave.

Its sad day for both sides.

The news does not say.
I would guess the people who were ran over were trying to block the ATV from escaping. At that point, shots were fired and to the back of the ATV rider. Common law should be known you never shoot someone in the back. NC state law says you are allowed to protect your self from a deadly threat but if the threat is fleeing you can not.
Now, had the rider been shot in the front. Well, that's up for debate. Yet still, most likely the people on the ground injected themselves into that situation, therefore the right to defend becomes a thin line of interpretation.

Just my thoughts.
No trespassing = no situation
 
Gator

Gator

The Most Unknown Member
Lifetime Member
Sep 16, 2015
2,488
10,464
113
Louisiana
Ownership

  1. 700-2
Typical CBS report. I'm with the others. The report doesn't tell me anything.
 
Cuoutdoors

Cuoutdoors

Executive Member
Lifetime Member
Sep 12, 2016
4,229
15,539
113
Central Iowa
Ownership

  1. 1000-3
Not enough details. Could've wrote the headline a hundred different ways. The only thing they care about is making the guy with a gun look bad.

Sent from my SM-G960U using Tapatalk
 
advertisement
DG Rider

DG Rider

Member: Triple Clutch Club
Lifetime Member
Aug 14, 2013
9,498
43,292
113
Casa Grande, AZ
Ownership

  1. 700-2
I had some family who lived in that area for a time. Drugs may have been involved.
 
  • Like
Reactions: Mopower58
H

hemifoot

Guest
sounds like something the canadian media would put out.all liberal anti gun and no substance or facts.our gun laws suck the big one.
 
  • Like
Reactions: dominator
Mopower58

Mopower58

Unburdened by what has been!
Lifetime Member
Supporting Member
Aug 10, 2017
81,223
717,605
113
Crystal Springs,Ms.
Ownership

  1. 1000-3
If he was trespassing, ran over two of my friends, I would have shot him too! More details are needed to know for sure.
 
L2R

L2R

Understanding women Vol. 1
Lifetime Member
Feb 16, 2019
1,063
6,599
113
East of the Appalachians
Ownership

  1. 700-4
The movies, grand pappy and the internet are full of bad examples of how to deal with situations.

Best thing I ever did was get some training from a lawyer who is an expert on gun law.
By the end of it, I will only shoot if you have no choice to save someone or myself from violent crimes or imminent death.
If you do shoot, you don't talk to anyone until you have talked to your lawyer.
It's all good in the movies but the darn judge isn't going to follow the script from the Equalizer.

Anything less and you are probably going deep in debt and may lose your job /career- if you are lucky!
I always thought you got the bail money back if you appeared in court- not so, kiss that good bye too!

"IF" he shot them because they had just run over family, he isn't defending them. They were already dead and that is revenge and not covered by any law.

All depends on how he said it if he said it at all.
 
  • Like
Reactions: 70Bones and TripleB
Alan aka Davinci

Alan aka Davinci

Mr. Meme Master
Lifetime Member
Apr 25, 2015
16,790
183,384
113
Grand Junction, CO
Ownership

  1. 500
If the ATV person had not been trespassing this would not have happened as he put the wheels in motion, but the shooter over reacted and will probably pay for that reaction. A smart guy once said for every action there is a reaction but he was not implying an over reaction. Nobody wins in this case.
 
  • Like
Reactions: JTW
CASTRATE

CASTRATE

Well-Known Member
Jun 23, 2019
77
350
53
NE OKLAHOMA
Ownership

  1. 1000-5
I effin' hate trespassers. Always putting land owners in sketchy situations. I live on my family's 1200 acres, & have had my fare share of run ins with 'em. Thank giblets nothing has turned violent
 
Plumber32

Plumber32

Go ride!
Lifetime Member
Club Contributor
Jun 15, 2014
13,396
69,244
113
Wisconsin
Ownership

  1. 1000-5
I took it a little different. Like a party in a field everyone invited. Drunk screwing around and ran over a couple people by the fire and the guy opened fire . Not enough details. But I'm guessing I'm close if he was charged.
 
  • Like
Reactions: Cal and JTW
BigOL3

BigOL3

Well-Known Member
Lifetime Member
Oct 27, 2017
2,994
8,920
113
Deep in the heart of Dixie, Kentwood, La.
Ownership

  1. 1000-5
Story left a lot of question unanswered for sure. In most jurisdictions if the 'imminent threat' is leaving, you can not use deadly force. BUT article did not say that. It is POSSIBLE the driver was coming back toward the shooter or injured friends. In most jurisdictions you have the right to use deadly force to protect yourself and others from deadly or great bodily injury. Also don't know how severe were the injuries?

Given the fact the shooter was arrested, I assume the driver was NOT coming back at them.
 
Last edited:
  • Like
Reactions: JTW and Plumber32
advertisement

About us

  • Our community has been around for many years and pride ourselves on offering unbiased, critical discussion among people of all different backgrounds. We are working every day to make sure our community is one of the best.

User Menu

Buy us a beer!

  • Lots of time and money has gone into making sure the community is running the best software, best designs, and all the other bells and whistles. Care to buy us a beer? We'd really appreciate it!

    Beer Fund!

    Club Membership!