ATLANTA — Lawyers for a Monroe County man serving a life sentence for killing one deputy and wounding another argue that he should have been immune from prosecution.
Christopher Calmer's lawyers are arguing his appeal before the Georgia Supreme Court Wednesday in Atlanta.
In September 2014, family members called deputies to their home, because Calmer had threatened to commit suicide.
When deputies Jeffrey Wilson and Michael Norris arrived, a family member told them Calmer planned to provoke the officers into shooting them.
As they entered the home, Calmer opened fire, killing Norris and shooting Wilson in the leg.
In June 2017, a jury convicted him of nine charges, including murder.
But his lawyers argue Calmer should have been immune from prosecution under the state's stand-your-ground law. That law says people may use deadly force "in defense of habitation, self, or to avoid unlawful arrest."
They wrote, "Less than a minute after arriving, both deputies drew their weapons and unlawfully entered Mr. Calmer’s home without announcing themselves, without permission, without a warrant, and without probable cause. Mr. Calmer reacted to the intrusion, turning the gun from himself to the deputies.”
Defense lawyers argue the trial judge made an error by rejecting their pretrial motion, saying the charges against Calmer should be dropped. The judge also should have instructed jurors to consider whether the shootings were justified.
They also say Calmer had a long history of mental illness and physical ailments.
Monroe County prosecutors say the judge acted properly and the jury heard enough evidence against Calmer to convict him.
Lawyers on both sides are scheduled for oral arguments before the court in Atlanta Wednesday. Their ruling is not expected for several weeks.
CASE HISTORY
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