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Chud The Builder case: Does Tennessee Stand Your Ground law apply? Expert explains as judge sets bond for $1.25 million
Chud The Builder appeared in court today and the judge set a $1.25 million bond after the shooting of Joshua Fox outside the Clarkesville courthouse.
Chud The Builder or Dalton Eatherly appeared in court on Friday after he shot at Joshua Fox. The incident took place outside the Montgomery County Courthouse in Clarksville, Tennessee on Wednesday. As a result of his actions, the controversial streamer had been arrested and now faces attempted murder charges, among others. The judge set a bond of $1.25 million in Chud The Builder's case. The clip from the trial was shared widely online.
Meanwhile, many of Chud The Builder's fans wondered if Tennessee's Stand Your Ground law would serve as an adequate legal defense in the trial.
“It is a stand your ground state but it all comes down to how early chud opened fire and how it can be proven that guy posed real danger,” one fan remarked. Another added, “I have taken a CCL class. I agree that a single punch usually doesn't justify a lethal force response. In TN you have stand your ground laws and many claim that Chud did retreat and the guy followed him, then proceeded to hit him multiple times. ULT we have to wait for the facts.”
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Yet another said “Chud told him have a nice day. Attacked from the back. All caught on stream. Tennessee stand your ground laws W no expectation to retreat.”
So, what is the Stand Your Ground law in Tennessee? Here's all you need to know.
Tennessee Stand Your Ground law
Under Tennessee's Stand Your Ground and Castle Doctrine law, a person is allowed to use deadly force and has no excuse to retreat when it is believed that serious injury, grave sexual abuse, or death is imminent.
It notes that unlike the presumption of imminent danger or death at the time one unlawfully enters private property, one who uses force on public property must have a clearer justification. The requirements for these justifications are not clear.
Notably, in both cases, the use of deadly force is not justified if the person who uses the force provoked the encounter and consented to violence.
The law states “The person has a reasonable belief that there is an imminent danger of death, serious bodily injury, or grave sexual abuse. The danger creating the belief of imminent death, serious bodily injury, or grave sexual abuse is real, or honestly believed to be real at the time; and The belief of danger is founded upon reasonable grounds.”
What happened between Chud The Builder and Joshua Fox
As per Chud The Builder, he approached the man after he was pointing and laughing at him. The individual then told him to walk away and said he would punch him if the streamer used racially charged language.
As per comments on Chud The Builder's stream, the man did punch him. The streamer then apparently took out the gun and fired at him. WSMV noted that the man shot was Joshua Fox.
Chud The Builder faces charges of attempted murder, employing a firearm during a dangerous felony, aggravated assault and reckless endangerment with a deadly weapon.
Does Stand Your Ground law apply to Chud The Builder?
Tennessee's Stand Your Ground law is not likely to apply to Chud The Builder, Criminal Defense attorney David Raybin told The Tennessean. As per the partner of the Nashville law firm Raybin & Weissman, P.C., this is because he believes Chud The Builder incited the altercation using provocative language.
The Stand Your Ground law does not justify the use of deadly force or self defense if someone 'provoked the other individual's use or attempted use of unlawful force'.
