GA: Followup, Judge Rules Luther Harter was Shot in Self Defense in 2018

A Superior Court judge has ruled that Luther Harter’s nephew and his wife are immune from prosecution in Harter’s shooting death.

In an order released this week, Judge Robert Guy determined that “a preponderance of the evidence” shows that Thomas Harter and Michelle Roberts were acting in self-defense when they shot at Luther Harter in an altercation off Penholloway Road on Nov. 20, 2018.

Thomas Harter and Roberts were subsequently indicted for felony murder, voluntary manslaughter, aggravated assault and involuntary manslaughter.

Guy was ruling on motions heard in a pretrial hearing Oct. 14-15 of last year.

The motions were based on Official Code of Georgia Annotated Sections 16-3-24.2 and 16-3-21 which grant immunity from prosecution for use of deadly force in cases where someone “reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony ”

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