Huntingburg teen shot by stolen gun

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  • 308jake

    Master
    Rating - 100%
    78   0   0
    Feb 5, 2010
    2,442
    63
    Brownsburg
    This is the very reason I didn't see the humor in GM getting robbed last week. Sympathy for the family, and hopefully they try the perp.
     

    BehindBlueI's

    Grandmaster
    Rating - 100%
    29   0   0
    Oct 3, 2012
    25,895
    113
    How the heck is stealing a gun only a "Class A misdemeanor theft"?


    It should be a level 6 felony.

    IC 35-43-4-2
    Theft
    Sec. 2. (a) A person who knowingly or intentionally exerts
    unauthorized control over property of another person, with intent to
    deprive the other person of any part of its value or use, commits
    theft, a Class A misdemeanor. However, the offense is:
    (1) a Level 6 felony if:
    (A) the value of the property is at least seven hundred fifty
    dollars ($750) and less than fifty thousand dollars ($50,000);
    (B) the property is a firearm; or
    (C) the person has a prior unrelated conviction for:
    (i) theft under this section; or
    (ii) criminal conversion under section 3 of this chapter;
    and
    ....
     

    2A_Tom

    Crotchety old member!
    Site Supporter
    Rating - 100%
    3   0   0
    Sep 27, 2010
    26,034
    113
    NWI
    It should be a level 6 felony.

    IC 35-43-4-2
    Theft
    Sec. 2. (a) A person who knowingly or intentionally exerts
    unauthorized control over property of another person, with intent to
    deprive the other person of any part of its value or use, commits
    theft, a Class A misdemeanor. However, the offense is:
    (1) a Level 6 felony if:
    (A) the value of the property is at least seven hundred fifty
    dollars ($750) and less than fifty thousand dollars ($50,000);
    (B) the property is a firearm; or
    (C) the person has a prior unrelated conviction for:
    (i) theft under this section; or
    (ii) criminal conversion under section 3 of this chapter;
    and
    ....

    What level of crime is it for a minor to be in possession of s hand gun?

    Even if it is a felony to steal a hand gun the teen was not in the commission of a felony at the time of the shooting so it could not be murder 1.

    I also take exception to thr OP's title. For once the media got it right and INGO got it wrong.
     

    Spike_351

    Expert
    Rating - 0%
    0   0   0
    Jan 19, 2012
    1,112
    38
    Scott County
    It should be a level 6 felony.

    IC 35-43-4-2
    Theft
    Sec. 2. (a) A person who knowingly or intentionally exerts
    unauthorized control over property of another person, with intent to
    deprive the other person of any part of its value or use, commits
    theft, a Class A misdemeanor. However, the offense is:
    (1) a Level 6 felony if:
    (A) the value of the property is at least seven hundred fifty
    dollars ($750) and less than fifty thousand dollars ($50,000);
    (B) the property is a firearm; or
    (C) the person has a prior unrelated conviction for:
    (i) theft under this section; or
    (ii) criminal conversion under section 3 of this chapter;
    and
    ....

    Seems like some concerned citizens should be writing the proscuter asking exactly what he was thinking by not charging with a felony. Edit : assuming this was the individual that stole the firearm.
     

    hopper68

    Master
    Rating - 100%
    4   0   0
    Nov 15, 2011
    4,592
    113
    Pike County
    Seems like some concerned citizens should be writing the proscuter asking exactly what he was thinking by not charging with a felony. Edit : assuming this was the individual that stole the firearm.

    The kid admitted that he was the one that stole the handgun. And it was pointed out on the Huntingburg Police's FB page that it should be a felony.
     

    Timjoebillybob

    Grandmaster
    Rating - 100%
    1   0   0
    Feb 27, 2009
    9,386
    149
    Seems like some concerned citizens should be writing the proscuter asking exactly what he was thinking by not charging with a felony. Edit : assuming this was the individual that stole the firearm.

    That was the arresting charge, not necessarily what the prosecutor will charge him with.
     

    hopper68

    Master
    Rating - 100%
    4   0   0
    Nov 15, 2011
    4,592
    113
    Pike County
    The bullet entered high on the side of the head at a downward trajectory, exiting out the other side, hitting the shoulder.

    Makes me wonder what was going on......
     

    AA&E

    Master
    Rating - 100%
    1   0   0
    Mar 4, 2014
    1,701
    48
    Southern Indiana
    It should be a level 6 felony.

    IC 35-43-4-2
    Theft
    Sec. 2. (a) A person who knowingly or intentionally exerts
    unauthorized control over property of another person, with intent to
    deprive the other person of any part of its value or use, commits
    theft, a Class A misdemeanor. However, the offense is:
    (1) a Level 6 felony if:
    (A) the value of the property is at least seven hundred fifty
    dollars ($750) and less than fifty thousand dollars ($50,000);
    (B) the property is a firearm; or
    (C) the person has a prior unrelated conviction for:
    (i) theft under this section; or
    (ii) criminal conversion under section 3 of this chapter;
    and
    ....

    Good info, I wasn't aware of the Indiana Statue. I unfortunately had a firearm stolen in Kentucky (which was recovered) and therefore had first hand knowledge regarding the criminal status there.
     

    hopper68

    Master
    Rating - 100%
    4   0   0
    Nov 15, 2011
    4,592
    113
    Pike County
    I had a brief talk with the victims step-grandma today, a lot of stuff I will not share. The investigation is on going and it sounds like the shooter was headed for a troubled life.

    The family blames the shooter, not the gun or the guy who it was stolen from.
     
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