Indy man charged with felony battery...shooting wanted murder suspect in the leg

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  • KellyinAvon

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    OK INGO, dude spots a murder suspect, ends up shooting him in the leg. See thread title, discuss!

    INDIANAPOLIS, Ind. -- Marion County prosecutors have filed felony charges against a man accused of shooting a murder suspect in downtown Indianapolis.
    The gunman, Terry Brown, is charged with battery by means of a deadly weapon.


    The unusual case started Sunday night. Speedway police were called to an apartment complex after they say a son stabbed his mother to death.
    Prosecutors believe Vinson Edge attacked and killed his mother Vickie after demanding his inheritance money and then took off before police could arrive.
    According to court records, Vickie’s longtime boyfriend Terry Brown and other family members went looking for Edge. After spotting the accused killer downtown, "Brown pulled out a gun and told edge to get on the ground. Edge refused and a struggle ensued. Brown shot Edge in the leg to prevent him from leaving."
    One local attorney says he is not surprised by the felony charge against Brown because while the shooter may have had good intentions trying to catch a murder suspect, citizens are not allowed to take the law into their own hands.


    "Mr. Brown was employing what we used to call vigilante justice," said attorney Jack Crawford.
    Following the shooting on Maryland, Brown stayed on scene and told police “If he killed his own momma, he’ll hurt anybody.”
    "We were all beating streets trying to find him and I guess Vinson is lucky the right person found him," said family member Samantha Riley earlier this week.
    Family members said they hoped Brown would not be charged with a crime.


    "We were all working off emotion. He didn't want to kill him, or he would have," said Riley.
    "For them to take it on themselves to track down the murder suspect and take him into custody is not permitted under the law," said Crawford.
    Attorney Crawford says Brown should have called the police once he spotted the murder suspect.


    Interviewed by police from his hospital bed, Edge refused to answer questions about the homicide or the shooting saying, “I don’t know nothing. I’m in pain and I’m hungry.”
    "You can’t go out and be a vigilante and decide I’m going to arrest that person. You’re not going to get medal for it. In fact, like Mr. Brown, you’re going to be arrested," said Crawford.
    Edge remains in the hospital recovering from his wounds. A judge set Brown's bond at 80 thousand dollars.

    https://fox59.com/2019/10/18/indy-m...ly-shooting-wanted-murder-suspect-in-the-leg/
     

    KellyinAvon

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    The murder suspect had made the local news, IMPD was very much looking for this guy. What is Kirk Freeman's free legal advice?
     

    Cameramonkey

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    Just based on what I read in that article, I would not convict.

    I dunno. He was a murder SUSPECT. Not a convicted criminal that pulled an Andy Dufresne and snuck out of prison via a sewer pipe. BIG difference.

    I'm not sure I want someone carrying a gun around that is THAT willing to use his firearm to stop somebody from running away and of no obvious and eminent harm to him or others in the area. That was super bad judgement. Shooting in the leg sounds great on paper, but how many people have we lost lately to leg wounds? Several. (yeah, I know, preaching to the choir)

    Now if he gave the perp a good old snootful of vitamin P to make him slow down so cops could get there and cuff him, I might consider shaking his hand, and would probably not convict on a minor assault charge if I were on the jury.
     

    KellyinAvon

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    I dunno. He was a murder SUSPECT. Not a convicted criminal that pulled an Andy Dufresne and snuck out of prison via a sewer pipe. BIG difference.

    I'm not sure I want someone carrying a gun around that is THAT willing to use his firearm to stop somebody from running away and of no obvious and eminent harm to him or others in the area. That was super bad judgement. Shooting in the leg sounds great on paper, but how many people have we lost lately to leg wounds? Several. (yeah, I know, preaching to the choir)

    Now if he gave the perp a good old snootful of vitamin P to make him slow down so cops could get there and cuff him, I might consider shaking his hand, and would probably not convict on a minor assault charge if I were on the jury.

    Definitely probable cause that this individual committed a felony (on the local news as the suspect in his mother's murder.) On the other hand, reasonable force to detain someone doesn't include shooting them while fleeing. Then again, what if they killed someone else after fleeing?
     

    Dead Duck

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    If he killed him, there wouldn't be a case.
    Vigilante my ass. Cops should appreciate a little help when they get it. Sounds like that prosecutor needs to get some at home..... or hookers..... or whatever he does.
     

    Cameramonkey

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    Definitely probable cause that this individual committed a felony (on the local news as the suspect in his mother's murder.) On the other hand, reasonable force to detain someone doesn't include shooting them while fleeing. Then again, what if they killed someone else after fleeing?


    I see your point. But unless I see him commit a forcible felony in front of me I'm not about to use that type of force to stop him just because he is a suspect in a crime elsewhere. Maybe there really WAS a one armed man?
     

    KellyinAvon

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    I see your point. But unless I see him commit a forcible felony in front of me I'm not about to use that type of force to stop him just because he is a suspect in a crime elsewhere. Maybe there really WAS a one armed man?

    Use of deadly force vice detaining someone under IC 35-33-1-4. Probable cause the individual committed a felony? Yes, it was on the news via IMPD. Can you shoot them for running away? Obviously yes, but you may well end up in the slammer. Marion County, the Mom-murderer will probably be released on their own recognizance and they'll seek no bond for the leg-shooter.
     

    BehindBlueI's

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    Use of deadly force vice detaining someone under IC 35-33-1-4. Probable cause the individual committed a felony? Yes, it was on the news via IMPD. Can you shoot them for running away? Obviously yes, but you may well end up in the slammer. Marion County, the Mom-murderer will probably be released on their own recognizance and they'll seek no bond for the leg-shooter.

    You might want to take a quick look at IC 35-41-3-3:

    A person other than a law enforcement officer is justified in using reasonable force against another person to effect an arrest or prevent the other person's escape if:


    (1) a felony has been committed;  and


    (2) there is probable cause to believe the other person committed that felony.


    However, such a person is not justified in using deadly force unless that force is justified under section 2 of this chapter.


    Chapter 2 is the whole self defense/defense of others chapter. You specifically cannot shoot someone just to effect an arrest.
     

    KellyinAvon

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    You might want to take a quick look at IC 35-41-3-3:

    A person other than a law enforcement officer is justified in using reasonable force against another person to effect an arrest or prevent the other person's escape if:


    (1) a felony has been committed;  and


    (2) there is probable cause to believe the other person committed that felony.


    However, such a person is not justified in using deadly force unless that force is justified under section 2 of this chapter.


    Chapter 2 is the whole self defense/defense of others chapter. You specifically cannot shoot someone just to effect an arrest.

    In post #7 I mentioned that. My "obviously you can shoot someone" was in reference to what actually happened, along with the "end up in the slammer" because it is not lawful.

    Edit: Section 2 referenced in BBI's post is the self-defense statute. I hadn't read that all the way through since the HB 1284 (Civil Immunity) was worming it's way through 200 W Washington St. There is a logic here: in your home/car/curtilage (is this my screen porch?)/on an aircraft in flight it is different than on the street (one or more of three boxes must be checked for reasonable force to include deadly force.)

    "Obviously you can shoot someone" wasn't a great choice of words and wasn't meant to imply it was legal. It was in the context of "the guy shot him, so obviously it happened." Happens a lot east of Raceway Road and west of German Church Road, just sayin.
     
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    IndyBeerman

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    I see your point. But unless I see him commit a forcible felony in front of me I'm not about to use that type of force to stop him just because he is a suspect in a crime elsewhere. Maybe there really WAS a one armed man?

    DING DING DING, Winner Winner, Chicken Dinner.
     
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