The suspect in the killing of a Dutch Fork High student is the latest defendant who intends to use the "stand your ground" defense.
Columbia, SC (WLTX) - A judge denied bond Friday for Kieren Dennis, the man charged in the stabbing death of Dutch Fork High School student Davon Capers.
"It simply allows one to defend themselves," said Todd Rutherford, Dennis' attorney.
Dennis, 18, says he'll use a Stand Your Ground defense in his upcoming trial even though he was not at home, but in a Lexington Cook Out parking lot, according to police reports. Previous Coverage:Suspect Arrested in Dutch Fork Student's Killing
"You have a right to protect yourself in your own home or your own automobile if you're threatened with bodily injury or with death," said defense attorney Dave Fedor.
Fedor has tried numerous cases using the Stand Your Ground defense, most notably, during the Brett Parker double murder trial last year when he argued Parker was defending his home.
"A car would be considered your domicile," Fedor said. "You're entitled to every protection in your car that you would have in your house."
Right now, attorneys around the state are waiting for a South Carolina Supreme Court opinion that will clear up the law. They also hope it will distinguish where someone can stand their ground and when the defense can be used in trial.
"If you're in your home, on your stoop, on your curtilage, which is your yard, anywhere around your home, you have an absolute right to defend yourself based on the Castle Doctrine," Rutherford said. "Stand Your Ground takes the Castle Doctrine and extends it to any place you have a legal right to be."
As for the case against Dennis, Fedor believes how the court interprets what the car represents will be the crux of any conviction.
"Nobody is supposed to be allowed to stick their arm in your car and attempting to assault you or whatever," Fedor said. "That would be the thing that brings it in to stand your ground."