Georgia trailer park dispute over loud music ends in stand-your-ground ruling

James Adams Dunleavy

James Adams Dunleavy

A Chief Forsyth County Superior Court judge earlier this month ruled in favor of a Georgia man who shot and hospitalized his neighbor after the two got into a dispute over loud music.

Judge Jeffrey S. Bagley decided that James Adams Dunleavy, 28, was justified in standing his ground when he shot his Twin Lakes trailer park neighbor Aubrey Zander, 30, in self defense two years ago after Zander took off his shirt and charged Dunleavy, Forsyth News reported.

It was 12:30 a.m. on Jan. 13, 2013, a Sunday, and Dunleavy was awoken by the sound of loud music and a revving engine, Forsyth News reported. Dunleavy approached Zander, who had just returned home, and tapped on the vehicle window with a handgun.

“Zander, who was under the influence of alcohol, rapidly and excitedly exited the vehicle and began to remove his own shirt from his upper body. [He] simultaneously began to approach the defendant, in a rushing manner, as the defendant began to slowly back away from Zander’s vehicle,” according to documents, as reported by Forsyth News.

The two men began to scuffle and Dunleavy reportedly got up and tried backing away and Zander approached him again Dunleavy rapidly fired twice striking Zander near the shoulder and a second time in the lower back, due to the force of the first shot spinning Zander, Forsyth News reported.

Prosecutors claim that because Dunleavy came out of his home brandishing the gun, he was the aggressor, but the judge saw it differently.

“The defendant’s choice to brandish a weapon at the outset of this encounter was improper, enflamed Zander, and might possibly have constituted simple assault against Zander,” Bagley said. “However, the defendant exercised continued restraint when he retreated on not one but two occasions and communicated a desire to disengage from the escalating and combative situation.”

Latest Reviews

  • Four Years Later: IWI Tavor SAR Revisited

    Though IWI's X95, released in 2016, usurps the SAR, my Tavor SAR is still part of the family. For those just now coming across this model, how has it stood up over the years? Let's find out.

    Read More
  • Scope Review: Leupold VX-Freedom FireDot Twilight Hunter

    The budget-friendly line of American-made Leupold VX-Freedom riflescopes found a welcome audience last year, but 2020 sees even more interesting additions to the family, with our hands-down favorite being the illuminated-reticle FireDot line.

    Read More
  • Ruger AR-556: An Outstanding Gateway AR

    It should come as no surprise the Ruger name is synonymous with value, and its’ AR-556 looks to fit this mold as an entry-level AR-15 with a reasonable MSRP. So how does the no-frills Ruger AR-556 perform when put to the test? Read on to find out.

    Read More
  • A Look at the Sig P238, A Year Later

    The Sig Sauer P238 was the first .380 ACP BUG to grace my gun safe, a welcomed addition to the 9mm polymers, .38 SPL revolvers, and .45 ACP 1911s. After more than a year's worth of use, where do I stand on the P238? Let's find out.

    Read More