Another reason why you shouldn't fire warning shots

[thebishopp]

Police say he pointed a gun at someone's face - 14 News, WFIE, Evansville, Henderson, Owensboro

What the article doesn't tell you is that Mr. Stone is the ex-husband of Mr. Fluty's wife.

Mr. Stone is still, allegedly, involved with his ex-wife (Mr. Fluty's wife). Mrs. Fluty's (formally Mrs. Stone) daughter had been at their home earlier and had insulted Mr. Fluty (pretty nasty words from what I hear) at which point Mr.Fluty told her to get out. She then allegedly called her father Mr. Stone.

What's also not mentioned is that supposedly Mr. Stone entered the Fluty residence, walked through the house to the back and confronted Mr. Fluty in the back yard and allegedly threatened him.

What I heard is that after Mr. Stone threatened him (I believe they were in Mr. Fluty's backyard) Mr. Fluty supposedly pulled a gun which did not seem to deter Mr. Stone who allegedly became aggressive tot he point that Mr. Fluty fired a shot into the ground.

Mr. Stone supposedly then walked BACK into Mr. Fluty's house and called the police.

While size does not always matter, Mr. Stone is allegedly much larger than Mr. Fluty.

Now of course this is all hearsay but it is a good example of why not to fire a warning shot. Seems to me if he would have been better off actually shooting Mr. Stone instead of the ground.

 

[jgarst]

Him leaving the scene and them finding the gun in a yard near his home doesn't look too good on him. He made himself look bad. Either way the guy was on his property threatening him it seems so you would think a lawyer could get you outta someone that mess.

 

[thebishopp]

Him leaving the scene and them finding the gun in a yard near his home doesn't look too good on him. He made himself look bad. Either way the guy was on his property threatening him it seems so you would think a lawyer could get you outta someone that mess.

Yeah he certainly didn't do himself any favors. They could claim he panicked, which he probably did.

Also if it's true the Mr. Stone came through his house without permission with the intent to "confront" Mr. Fluty I would think they would have some kind of charge against Mr.Stone as well. Who just walks into a house and threatens someone? Seems to me a quick way to get yourself shot (though it appears Mr. Stone has no fear of Mr. Fluty even when armed).

 

[figley]

Take note: Castle Doctrine does not cover warning shots

 

[MickeyBlueEyes]

Warning shots are for correctional facilities only.

 

[Drakkule]

Aren't warning shots supposed to be in the chest?

 

[gunman41mag]

Why waste ammo, with a warning shot

 

[Hotdoger]

warnings hots

Fits the story.

 

[mtgasten]

Warning shots are for correctional facilities only.

maybe its just me, but i was under the impression that Correctional Officers don't carry Firearms in the state of Indiana

 

[Indy317]

That shot just costs him $3K-$30K...and there still isn't a guarantee he won't be found guilty.

 

[Bill B]

maybe its just me, but i was under the impression that Correctional Officers don't carry Firearms in the state of Indiana

You are correct. My son is a CO at Michigan City, they do not carry firearms. I don't want to say too much, but it's safe to say the co's can get them, the prisoners cannot.

 

[Hookeye]

Warning shot- for sandals with socks.

 

[singlestacksig]

You are correct. My son is a CO at Michigan City, they do not carry firearms. I don't want to say too much, but it's safe to say the co's can get them, the prisoners cannot.

the guys in the towers have the guns & fire the warning shots...

 

[drifter197]

Warning shots are for correctional facilities only.

prisons dont have to use warning shot in indiana. worked in michigan city for 12 years. changed in late 90's but most officers still would use one.

 

[drifter197]

maybe its just me, but i was under the impression that Correctional Officers don't carry Firearms in the state of Indiana

only in towers and in emergancies are any weapons other than a stun device (only the leader of the first resonders) allowed behind the wall or fence.

 

[paddling_man]

For gawdsakes, if I ever get into some Jerry-Springeresque-trashy-trouble, I pray I don't have family members leaving comments on the news / media report websites.

 

[handgun]

I would think that if you fired a warning shot, that you were not truly scared for your life. Thus, you didn't think that the person was a true threat to yours safety. This could be argued in the court of law(and it will be argued this way). I will not go into all the ways firing a warning shot would make you look bad. Either shoot the individual or don't in a SD/HD scenario. Remember you are responsible for your bullets where ever they may land/hit. Keep your aim where it needs to be! You are responsible for collateral damage that is a direct result of your stray bullet/over penetration etc.

*i am not a lawyer, If you have any doubts about the law please consult legal counsel. Please remember a police officer is not legal counsel.

 

[MickeyBlueEyes]

maybe its just me, but i was under the impression that Correctional Officers don't carry Firearms in the state of Indiana

I had a looky loo at all the replies for this. 1. All CO's that I know, including myself have lifetime permits. We do carry glock 19's for offender transport. There is no obligation to fire warning shots on offender escorts. There is an obligation to fire warning shots from certain areas. IMHO, the 6 reasons that justify deadly force are about the same as the laws on the books for civilians too. And my public interface and private site disclaimer is that I in no way represent the D.O.C. of indiana. My opinions are being freely expressed as a free speech exercise and don't weigh on the public image of the D.O.C.

 

[Timjoebillybob]

maybe its just me, but i was under the impression that Correctional Officers don't carry Firearms in the state of Indiana

Not in the secure areas, at some facilities they do have armed guards in towers and such from what I've heard. And also in lock boxes. They are also permitted to shoot a guy to prevent his escape. Per IN code.

IC 35-41-3-3
Use of force relating to arrest or escape

(e) A guard or other official in a penal facility or a law enforcement officer is justified in using reasonable force, including deadly force, if the officer has probable cause to believe that the force is necessary to prevent the escape of a person who is detained in the penal facility.
Indiana Code 35-41-3

 

[Bruizer13]

I would think that if you fired a warning shot, that you were not truly scared for your life. Thus, you didn't think that the person was a true threat to yours safety. This could be argued in the court of law(and it will be argued this way). I will not go into all the ways firing a warning shot would make you look bad. Either shoot the individual or don't in a SD/HD scenario. Remember you are responsible for your bullets where ever they may land/hit. Keep your aim where it needs to be! You are responsible for collateral damage that is a direct result of your stray bullet/over penetration etc.

*i am not a lawyer, If you have any doubts about the law please consult legal counsel. Please remember a police officer is not legal counsel.

I agree, if he truely felt threatened the shot should have been in the blood pumper. If not, he should have kept it holstered.