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DAPHNE, Ala. (WPMI) — A man is dead following a shooting in Daphne. Police say the domestic incident happened at the Ashley Gates Apartments on Van Avenue about 11 p.m. Wednesday night. Police say it’s a case of a new boyfriend shooting and killing the ex-husband, and it appears to be a "Stand Your Ground" case.
In Alabama, you can stand your ground anywhere, even on a sidewalk. Police say Tony Jeffrey Vincent, a 32-year-old father from Grand Bay, died in the gun exchange. Police say he fired an AR-15 rifle and broke down his ex-wife’s door before being shot to death.
"I don’t have the total number of shots at the top of my head right now. Somewhere around 15 total," said Jason Vannoy with the Daphne Police Department.
Police believe this was a home break-in. In Alabama, you can act in self-defense, especially if someone’s trying to break into your home.
"As of right now, we don’t have any probable cause to establish a charge, and I don’t anticipate that happening," said Vannoy.
"You have a right to defend yourself. And in Alabama being a Stand Your Ground state by statue, you do not have a duty to retreat if you are defending yourself," said defense attorney John Beck.
Beck says Alabama’s Stand Your Ground law, which was passed in 2006, allows a judge or prosecutor to give the defendant immunity from civil and criminal prosecution. As with any case, Beck says police still have to do their due diligence and look closely at what may have transpired before the incident.
"It’s important to know all the circumstances, but certainly on the face it would sound very clear cut," said Beck
Police say both weapons used here were legal. The Baldwin County district attorney is reviewing this case and will determine if the case should go to a grand jury. Police say their investigation is still ongoing as well.
https://mynbc15.com/news/local/stand-your-ground-law-may-apply-to-daphne-domestic-shooting