NC law clear on use of deadly force as self defense, professor says

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FAYETTEVILLE, N.C. (WNCN) – Another night of protesting in Fayetteville.

Late Wednesday evening, dozens of people gathered at the Food Lion on Bingham Drive and walked to the spot 37-year-old Jason Walker was killed.

This comes after Fayetteville police said Cumberland County Deputy Jeffrey Hash shot and killed Walker on Saturday afternoon.

Hash was in his personal Ford truck with his wife and daughter at the time, according to a 911 call.

He said Jason Walker was crossing the street, jumped on top of his truck, tore a windshield wiper, and started beating his truck. At least one bystander has a different account.

Jason Walker’s brother told CBS News he doesn’t believe Hash.

“That’s a busy highway. It’s no way he was able to jump on top of a vehicle. Nobody drives the speed limits in front of my parent’s house,” Marlowe Walker said.

“I was driving down the road and he came flying across Bingham Drive running and I stopped. So, I wouldn’t hit him and he jumped on my car and started screaming,” Hash said to a 911 dispatcher.

CBS 17 found out Hash has been at Cumberland County Sheriff’s Office since 2005 with at least four promotions.

His attorney wouldn’t comment to CBS specifically about the case.

In North Carolina, there is a “No Duty to Retreat Law.” But you have to prove someone is trying to do deadly bodily harm to you.

“Do they have a baseball bat? Are they saying if you get out of the car I’m going to knock your head in? Well, you’re safe from that threat as long as you’re in the car,” Dr. Greg Wallace, a Campbell University law professor said.

He also said under the self-defense law, there are four elements you have to prove.

You’re not the initial aggressor, eminent force was used, you can’t use deadly force to respond to non-deadly force, avoidance, and reasonable belief such force is necessary.

“If you don’t prove all four of those in North Carolina you fail in your claim to self-defense,” Wallace said.

Currently, no charges have been filed in Walker’s death.

That’s why protestors are upset.

The SBI is leading the investigation.

The Walker Family is currently being represented by Attorney Benjamin Crump. Larger protests are expected to take place by the weekend.

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