WEST MEMPHIS, AR – Police say a man suspected of breaking into a car was shot while running away from the scene.

According to West Memphis Police Capitan Donald Oakes, it happened around 12:30 a.m., Wednesday, September 10, 2008, in the 800 block of North 14th Street. Capitan Oaks says officers were called to the scene about a man who was breaking into a car in the area. When police arrived, they found 22 year-old Gary Weathersby lying in a backyard with a gunshot wound to the back, said Oaks.

Investigators say the owner of the car, Tony Boyce, told them he caught Weathersby breaking the window of his car, that was parked in the carport at his home. Boyce told police that he fired two rounds from his 9mm handgun as Weathersby ran away.

Wheatersby was taken to the Med, where he remains in serious condition.

Tony Boyce has been charged with Battery in the First Degree. The case is now in the hands of the Crittenden County Prosecuting Attorney’s Office.

Police Capitan Donald Oaks says, “Arkansas law is very clear on the rules that apply when using force to protect property, and addresses the issue in Arkansas Statute 5-2-609.”

Arkansas Statute 5-2-609:

5-2-609. Use of physical force in defense of property.
A person is justified in using nondeadly physical force upon another person when and to the extent that the person reasonably believes the use of nondeadly physical force is necessary to prevent or terminate the other person's:

(1) Commission or attempted commission of theft or criminal mischief; or

(2) Subsequent flight from the commission or attempted commission of theft or criminal mischief.