Nacho Hippo murder trial delayed again after Stand Your Ground filed. How does law work?
A murder trial for the woman accused of killing her coworker at Nacho Hippo has been put on hold after her lawyer filed a self-defense motion.
Lafredia Todd’s trial was set to begin with jury selection on Monday, but her defense lawyer filed a Stand Your Ground motion, which claims self defense.
The Tabor City, North Carolina, woman is facing charges of murder and possession of a weapon during a violent crime after she allegedly shot and killed her coworker Quentin Johnson in July 2022, The Sun News reported.
Details leading up to the shooting have not been shared, but the arrest warrants say Todd, “admitted to intentionally shooting the victim in the head.”
What is the Stand Your Ground law and how will it work in Todd’s case?
Stand Your Ground laws
Stand Your Ground, or Castle, laws are in place to protect people in cases of self defense.
“(A person) has no duty to retreat and has the right to stand his ground and meet force with force, including deadly force, if he reasonably believes it is necessary to prevent death or great bodily injury to himself or another person,” the law states.
The classic case would be someone trying to defend themselves from an intruder in their home but can also be applied in other places, said 15th Judicial Circuit Solicitor Jimmy Richardson.
Within the United States, 30 states have a Stand Your Ground statute while another eight have a judicial Stand Your Ground rule, providing protection to those who act out of self defense, according to Justia.
The remaining 12 states generally follow a duty to retreat, which states a person does not have a right to use deadly force if they have the opportunity to safely retreat. These laws differ slightly among states.
A Stand Your Ground motion has become common practice in South Carolina murder trials, Richardson said.
“In almost all the cases, we have to go through and give (the defense) the opportunity to put put on a case to say, ‘Judge, do not allow the state to go forward against me. I had to stand my ground so that is what’s happened,’” Richardson said.
Stand Your Ground differs from other forms of law as it puts burden on the defense to bring forth evidence and prove the motion. Usually the burden of proof is on the prosecution. In South Carolina, the motion is heard by a judge and who then makes a decision without a jury.
If the judge sides with the defense, the state can appeal the decision with a higher court. If the judge rules with the state, the trial will proceed as normal and the defendant can appeal it at a later date.
Richardson said he expects the judge to decide on Todd’s case on Tuesday. While he doesn’t know how the judge will rule, he did say, “(The state) fully expects and is prepared to go forward as soon as this hearing is over.”
Todd’s trial has been delayed twice previously.
