Death of Deputy Tamara Tuitt-Bartlett: Why the accused killer is seeking immunity

FORSYTH COUNTY, Ga. - An accused killer and former boyfriend of a Gwinnett County deputy appeared in a Forsyth County court Wednesday seeking immunity from prosecution by claiming self-defense.

FOX 5 Atlanta was the only station in a Forsyth County courtroom as Eric Antonio Sumner, the man accused of killing Master Deputy Tamara Tuitt-Bartlett, who he was dating, faced a judge.

The legal strategy

What we know:

Sumner now claims he was justified in killing his girlfriend, Master Deputy Tamara Tuitt-Bartlett, and is seeking immunity from prosecution.

In a court filing this month, Sumner argues he acted in self-defense during a domestic dispute and wants the charges thrown out because he feared for his life.

Investigators say the shooting stemmed from a domestic dispute. According to the motion, Sumner’s attorneys claim their fight, along with previous disputes and his knowledge of Deputy Bartlett’s proficiency with weapons, led him to believe that force was necessary. 

Multiple firearms were reportedly found in the home.

Court records show the couple had an on-again, off-again relationship, including a previous protective order that Deputy Bartlett later asked to be dismissed. 

The immunity motion has not yet been heard. A hearing is expected in June or July.

Expert analysis

What they're saying:

"You could use deadly force in Georgia under a variety of circumstances, most specifically when you're protecting yourself. If you have a reasonable belief that you're under threat of imminent harm, deadly force. You're absolutely allowed to protect yourself and that's what Mr. Sumner is claiming in this motion," said Joshua Schiffer, a criminal defense attorney and legal expert.

Schiffer noted challenges for the defense, including that Sumner, as a felon, was not legally allowed to possess a gun, and that investigators said Deputy Bartlett’s teenage son was also shot.

"It’s going to be very challenging for the defense to establish why that child was also shot. I don't believe that the child is an immediate threat. The defendant is relying on the law enforcement expertise of the decedent as part of their argument. That obviously doesn't include a 14-year-old child," Schiffer said.

Schiffer said for the immunity motion, the defense will have to prove Sumner was in danger.

"It’s going to be a very difficult defense, purely because of the lack of evidence," Schiffer said.

Unanswered questions

What we don't know:

It remains unclear how the defense will justify the shooting of the deputy's teenage son or what specific evidence supports the self-defense claim.