Champaign Co. State’s Attorney breaks down legalities behind ‘use of force’ following 2 shootings

URBANA, Ill. (WCIA) — Deadly force has been used twice in the past two weekends in Champaign County.

After a road rage shooting over the weekend , the Champaign County State's Attorney is breaking down the law behind uses of force, and when it would be justified to use a gun on someone.

On Saturday, Urbana police responded to a shooting near the corner Busey and Park. That's after police said an argument escalated on the road close by. After that, two drivers stopped and got out of their cars. Police confirmed the female driver had a baseball bat, and the male driver thought the passenger had a gun.

Police said that the male driver then got out his own gun and started shooting several times. He had a concealed carry permit.

"There's nothing about being a concealed carry card holder that gives a person a higher or different level of justification for using deadly force," Julia Rietz, the Champaign County State's Attorney, said.

She couldn't get into the details of what happened on Saturday but could explain some of the laws behind self-defense. There are two different levels of "use of force." One of them is "regular force" and the other is "deadly force."

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Rietz said Saturday is an example of deadly force because it involved a firearm to defend yourself or another person.

"You're justified in the use of deadly force in defense of yourself or another when you reasonably believe that such force is necessary to prevent imminent death or great bodily harm to yourself or another," Rietz explained.

Another example is what happened on Nov. 10 in Champaign . Police said an intruder entered someone's home at 4 a.m. and the homeowner shot and killed them.

Is therea difference between defending yourself at home versus on the road?

"What happens inside a residence is a little broader than what is allowable outside," Rietz said.

She said the Illinois statute explains that you can use deadly force in a house if you think the other person is going to commit a felony inside or if the entry is made in a violent way to lead the individual to believe they are in danger.

Out in public, she said it is only legally justifiable in order to prevent the threat of severe injuries or death.

Rietz said the common dominator behind everything is that the level of force has to be equal to the threat you're facing.

If someone doesn't have a concealed carry license, Rietz said they could face additional charges for having a gun when they're not supposed to.

No arrests have been made in either situation.