Danville, Virginia

From the Danville Register & Bee of August 2, 2007

No charges in fatal shooting

A woman who shot and killed her estranged husband will not be charged in his death.

Tashia Lovelace shot Joel Lovelace at about 9:53 p.m. on June 9 after he broke into her home on Martinsville Highway in the Cascade area of Pittsylvania County, according to the Pittsylvania County Sheriff’s Office. After shooting him five times, Tashia immediately dialed 911.

“In my opinion, she did not commit a criminal act,” Pittsylvania County Commonwealth’s Attorney David Grimes said Wednesday. “It was self-defense. If someone’s breaking into your house after threatening to kill you, that’s getting pretty close.”

Grimes said the number of shots that were fired was not a huge factor in the decision not to charge Tashia.

“By all appearances, all five shots were fired before (the victim) fell,” Grimes said. “She had a semi-automatic handgun, so it would fire pretty quickly.”

Deputies found Joel dead at the scene of the shooting about 10 minutes after Tashia called 911.

They also found an open pocketknife with a blade that ranged between 3 to 4 inches in length under Joel, the sheriff’s office said.

The front door of Tashia’s mobile home had extensive damage that indicated that it had been forced open. Deputies also found a shoe print on the outside of the door near the doorknob.

Tashia told authorities that she and her husband had been separated for more than a year. On the day of shooting, she said she ran into Joel earlier at a high school graduation. After the graduation and throughout the day, she said he called her phone numerous times threatening to kill her.

Tashia also told authorities that she was home with three children that night when she saw Joel’s vehicle pull up. He called her again, telling her that he “had something for her.” She then said she heard him hit her door at least twice. She ran to her bedroom to retrieve her handgun and saw him return to his vehicle as if he was looking for something.

He called her one last time repeating his threat to kill her, she told deputies.

She said when she returned to the living room, Joel kicked in the locked, dead-bolted door and entered the house. She then shot him numerous times before calling 911.
The decision not to charge Tashia revolved around the belief that she was acting in self-defense.

Grimes said Virginia law justifies the taking of another person’s life only when it appears reasonably necessary to do so to defend one’s self or another from great bodily harm or to defend one’s home from intrusion when it appears the intruder is intent on committing a felony or a violent act.

The prosecutor added that a person in his or her own home is not required to retreat from an intruder before resorting to force, even deadly force, if necessary.
Because he believes the case meets these guidelines, Grimes said the book on it is most likely closed.

“I don’t expect for it to re-open,” he said. “Based on everything that we’ve heard, it’s not a criminal case. It’s a tragedy that it happened, but it’s not a criminal case. It’s not a crime that she will be prosecuted for.”