Uber driver kills someone who threatened him, good shoot if Indiana?

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  • KellyinAvon

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    Sheriff Grady Judd, I like it. Self-defense, reasonably believed life was in danger.
     

    K_W

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    I am not familiar with any legal issues regarding an "occupied motor vehicle." Could you elaborate please?

    Thanks,

    Doug


    35-41-3-2-d
    (d) A person:
    (1) is justified in using reasonable force, including deadly force, against any other person;  and

    (2) does not have a duty to retreat;

    if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle.
     

    BehindBlueI's

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    https://www.abcactionnews.com/news/...ff-judd-calls-classic-stand-your-ground-case-

    i think you could reasonably say you were in fear of your life. The text messages and drugs were not known at the time but certainly help the driver’s case.

    What the driver didn't know is irrelevant criminally. It's what he knew, or reasonably should have known, at the time deadly force was used. Guy made threats and indicated he had a gun. Guy reached for what could reasonably be a gun. Good shoot as far as criminal law.
     

    Libertarian01

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    35-41-3-2-d
    (d) A person:
    (1) is justified in using reasonable force, including deadly force, against any other person;  and

    (2) does not have a duty to retreat;

    if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle.


    Thanks. That makes sense.

    I don't have legal authority to use lethal force if someone is breaking into my car while it is parked on the street, but I do have that authority if I am in it.

    Regards,

    Doug

    PS -
    So what's the legal definition of curtilage again?
     

    hoosierdoc

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    That was a weird 911 call for someone who just killed a guy. You don’t start with the need for an ambulance? He was “run off the road”?
     

    GodFearinGunTotin

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    Mitchell
    I'm good with what I've been presented with.

    My only quibble is why the sheriff had to make this a SYG case in his comments rather than a simple case of self defense.
     

    T.Lex

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    The video really helped frame the reasonableness of the fear. That was messed up.

    I continue to be disappointed in how reporters describe things. Not just political things, but anything. The writing in that story wasn't particularly helpful in figuring out what happened.

    My thought was that if the guy just got out and said he had a gun, without more, there may have been a bit of unreasonableness in shooting at him. (Yeah yeah yeah, this'll be the post that launches a thousand hypotheticals.) But, the sheriff's presser and the video emphasized that the uber driver had a very short amount of time to make some very important decisions for his own safety and that of the person he was driving.

    For curtilage, I think one of the main cases in Indiana is the Sowers case.
     

    Brad69

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    I feel bad for everyone involved.
    You never know what’s going to happen if emotions run that high.
    I feel safe to assume that the aggressor had used intimidation before. I still cannot understand what good end result would come out of assaulting the Uber driver?

    I think Indiana society would be fine if it was a civilian on civilian but a different ballgame if it was a Police Officer.

    Insert name of city - “Police Officer shoots unarmed man”
     

    hoosierdoc

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    The article says the dead guy told the shooter he had a gun and if he wanted to get shot. Then supposedly the Uber driver grabbed his gun from the door and shot him. Based on the video he had the gun in his hand before the bad guy mentioned a gun.

    the writing is so bad in this story. I had to read it a few times to know who was in the car and which woman was who
     

    T.Lex

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    The article says the dead guy told the shooter he had a gun and if he wanted to get shot. Then supposedly the Uber driver grabbed his gun from the door and shot him. Based on the video he had the gun in his hand before the bad guy mentioned a gun.

    Yeah, and if a guy runs me off the road like that, I'll probably have my gun in my hand before the wheels are stopped, too! Ok, maybe a second after the wheels stop, but you get the idea.
     

    GodFearinGunTotin

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    Mitchell
    The article says the dead guy told the shooter he had a gun and if he wanted to get shot. Then supposedly the Uber driver grabbed his gun from the door and shot him. Based on the video he had the gun in his hand before the bad guy mentioned a gun.

    the writing is so bad in this story. I had to read it a few times to know who was in the car and which woman was who

    I'm pretty sure I would have too.
     

    K_W

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    Thanks. That makes sense.

    I don't have legal authority to use lethal force if someone is breaking into my car while it is parked on the street, but I do have that authority if I am in it.

    Regards,

    Doug

    PS -
    So what's the legal definition of curtilage again?

    I like the way Indiana's law is both short, clear, broad. It does not limit SYG to only to a "home", but to a "dwelling" (apartment, motel room, house boat, even a camping tent can be a dwelling) and occupied motor vehicle (RV, semi, passenger vehicle).
     
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