Murder or Self Defense, You Decide
On July 15th 2010 Cortez Waller fatally shot Christopher Childress outside the Conway Police Department in Conway, Arkansas. Waller and Childress’ fiancee, DeRanda Carter, recently had a relationship that ended some time prior to the shooting. Carter testified that the couple was trying to get past the affair but other testimony showed that Childress threatened and harassed Waller for several days. This concerned Waller enough for him to purchase a firearm to defend himself should Childress look to follow through with the threats.Waller testified that on the day of the shooting he was just coming back into town after looking for a new place to live when he was spotted by Childress, Carter, and their 3 children in their SUV. Childress proceeded to chase Waller to the police station where the fatal altercation shown in this video took place. Waller shot and killed Childress during the altercation in the police station’s Front Street parking lot. Waller testified that he thought Childress was about to make good on the threats that were made and he feared he would be killed if he didn’t stop the attack. Immediately after the shooting Waller ran into the station and turned himself into police. Childress was transported to Conway Regional Medical Center, where he was pronounced dead with multiple gunshot wounds to the torso.
Initially Waller was charged with first degree murder and aggravated assault following this shooting, the charges was later reduced to second degree murder and aggravated assault right before the trial began. The newly elected prosecutor, Cody Hiland, didn’t believe the evidence supported the first degree charge.
After hearing all the testimony and deliberating for 9 hours the jury came back with the verdict of Not Guilty on all charges. For more information visit http://tinyurl.com/d76qu2s
Arkansas' self defense law is based on the person's reasonable belief that they or a third party are about to become a victim of the unlawful use of force committed by another. If they believe they or the third party is about to be seriously injured or killed then deadly force can be used in their defense. The law is based on force, not weapon usage, and the person can use greater force if they reasonably believe it is necessary to prevent the pending harm.
This shooting was justified under this Arkansas Law:
5-2-606. Use of physical force in defense of a person.
(a) (1) A person is justified in using physical force upon another person to defend himself or herself or a third person from what the person reasonably believes to be the use or imminent use of unlawful physical force by that other person, and the person may use a degree of force that he or she reasonably believes to be necessary.
(2) However, the person may not use deadly physical force except as provided in § 5-2-607.
(b) A person is not justified in using physical force upon another person if:
(1) With purpose to cause physical injury or death to the other person, the person provokes the use of unlawful physical force by the other person;
(2) (A) The person is the initial aggressor.
(B) However, the initial aggressor's use of physical force upon another person is justifiable if:
(i) The initial aggressor in good faith withdraws from the encounter and effectively communicates to the other person his or her purpose to withdraw from the encounter; and
(ii) The other person continues or threatens to continue the use of unlawful physical force; or
