Convicted murderer gets new trial due to NC stand-your-ground law, court rules

LINCOLN COUNTY, N.C. — A man who shot and killed his roommate with a sawed-off shotgun is getting a new trial. An appeals court just ruled the jury in the original trial was not briefed on the stand-your-ground provision.

Channel 9′s Ken Lemon spoke with the victim’s family members on Tuesday. They are not happy about the decision, which gives Ronald Vaugh a new trial. They thought the case was settled three years ago when he got a life sentence.

Gary Somerset’s sister told Lemon he would have turned 34 in two weeks. But he lost his life at 27 after an argument with his roommate at their home just outside of Lincolnton. His mother witnessed the shooting.

Vaugh was convicted of using a sawed-off shotgun to shoot Somerset, who was running toward him but was unarmed.

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Defense attorney Brent Ratchford has handled high-profile murder cases but is not working this one. He was able to look over the case Tuesday.

“It’s a well-written opinion,” he told Lemon. “It’s very well thought out.”

He read the decision of the appeals court, which concluded the jury should have received instruction on the stand-your-ground law.

“It is very possible that the jury, once hearing that instruction, they are going to arrive at a different result,” Ratchford said.

Both men lived at the house, but Ratchford said the stand-your-ground law gave Vaugh the right to protect himself at his home.

“He felt his life was in danger. He felt he was getting ready to be attacked. He is at his home,” Ratchford said.

Ratchford said Vaugh would even be entitled to use an illegal shotgun.

“Our stand-your-ground law says he can stand his ground and he can use deadly force,” he said.

The district attorney’s office will have to set a date for a retrial which could take several months. Often in cases like this, defendants have asked for and received a bond while they wait.

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