Anytime shootings happen between family members, it’s a tragic situation. But when a mother has to shoot her own son in a self-defense situation, it somehow seems even more tragic.
That’s exactly what happened in November in Bethel Township, Pennsylvania. According to a report at Local21news.com, a 64-year-old woman called the police to report she had just shot her son, who had broken into her home. When officers arrived at the residence on Little Mountain Road, they found 32-year-old Sean Clemens in the basement, dead of multiple bullet wounds.
According to investigators, Clemens had a long history of illegal drug use. Often, while under the influence of amphetamines, he would become agitated and aggressive, the woman told investigators.
Clemens had lived with the woman until recently when he completed a rehabilitation program and moved to nearby Lebanon County. The woman told investigators that on the morning of the shooting, Clemens unexpectedly showed up at her house and demanded she let him inside. Realizing he was high and agitated, she refused.
According to investigators, Clemens was eventually able to gain access through an unlocked basement door. Once he was inside the house, his mother confronted him, they argued and she shot him several times.
According to the Local21news.com report, Clemens had been involved with law enforcement several times over the last dozen years, including for violent crimes and drug offenses. An autopsy revealed that he had high levels of methamphetamine in his system at the time of his death.
On December 17, Berks County District Attorney John Adams announced that no charges would be filed against the mother. In reviewing reports from both Berks County detectives and Bethel Township Police, Adams determined that the shooting appeared to be an act of self-defense.
Pennsylvania has very strong self-defense laws, including both a Stand-Your-Ground statute and a Castle Doctrine law. The self-defense statute states: “The use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary.”
The Stand-Your-Ground statute states that you can use proportional force to defend yourself if you are not engaged in criminal activity and you reasonably believe you are in danger of death, serious bodily injury, kidnapping or sexual intercourse. You have no duty to retreat if you are in a place you are lawfully allowed to be, such as your home or vehicle.
Additionally, the state’s Castle Doctrine states that you can use deadly force if someone is unlawfully entering or removing you from your home, work, or occupied vehicle. The Castle Doctrine also applies to occupied vehicles and workplaces under certain conditions.
