Nov 11, 2013 8:04 PM by Allison Bourne-Vanneck
As law enforcement agencies continue to investigate the Bethany Arceneaux kidnapping, charges could be filed in the shooting-death of Arceneaux's accused kidnapper.
Arceneaux, 29, was rescued by her family members after being abducted in broad daylight last Wednesday. Police say her ex-boyfriend, Scott Thomas, held her for more than 30 hours before family members found them both.
Deputies say Thomas was stabbing Arceneaux, which caused one of her family members to open fire, killing him.
Bethany's uncle, Marcus Arceneaux, helped in her rescue. He says the family knew Thomas would be dangerous, and they'd have to protect themselves.
"The guy, he had made phone calls and told her mom and his mom that, take care of my kids and that he was going to kill her and he was going to kill himself," said Marcus Arceneaux.
The second amendment allows a person to openly carry a unconcealed weapon, which is what an Arceneaux family member did while looking for Bethany.
"It's not that I necessarily care to see everyone walking down the streets strapped with a gun or something like that or carrying their shot gun walking down the streets I certainly don't particularly care to see that," said 15th JDC District Attorney Mike Harson. "But at the same point and time, the law has decided to give persons that right to defend themselves."
Harson says that self-defense can be used when someone fears for their safety or someone else's.
"If you as the victim were originally under that mindset and that you felt it was necessary and you would have been justified using the deadly force, than I as a third party can also use that deadly force," said Harson.
Once Harson receives a case-file from law enforcement, he'll have to decide whether any action should be taken, like a grand jury hearing.
"This case they saved a girl from dying and unfortunately the assailant died. But it's going to be a question of fact of law whether that person acted within a reasonable belief that he could use deadly force, and that's the ultimate question," said Harson.