Are You Going to Jail? (The next installment)

[T.Lex]

According to another thread, I guess we could be? If not, we are anti-gay?

 

[iChokePeople]

And anti-ugly. And anti-cousins.

 

[T.Lex]

I'm pretty much anti-antis. People who are against stuff are just so... negative. Ick.

 

[ThePreacher]

He will be detained, taken in for questioning...

This is my first post! Hooray!

In Marion county, this is how it would go down: Boom! Incident occurs, you paitently wait until the police (who your wife called) show up, take the living perp into custody. You surrender your firearm immediately, and quickly comply with all of the officers directions. When you are questioned about the incident, you politely decline until you have consulted with your attorney. Homicide shows up, they poke the dead body with a stick, thus confirming he is dead. They transport you to the "interview" room. There, you tell them all your personal information. When they start in on the story, you again politely decline to make a statement until you have consulted with your lawyer. Based on the fact this was a good burglary, you are an upstanding member of the community, your family is integrated into the neighborhood, the police release you on your own recognizance, pending a screening of the case by the major felony screening prosecutor.

You meet with Stanley Kahn, your lawyer, the next day. After telling him what happened, you again meet with homicide, and the statement that your lawyer gives to the homicide detective is this:

"My client heard a suspicious noise on his property. He grabbed his gun since he wasn't sure what the sound was, and there have been multiple unsolved rapes/robberies/sodomies (pick your own) in the area over the last several weeks. My client wanted to insure the welfare of his family. When he stepped outside in his backyard, he saw his shed light was on, knowing he had turned it off he attempted to investigate. As he approached the shed, two unknown males burst from the shed, one of whom was carrying a generator. Both of these unknown men are raging towards my client, and one of them is carrying a massive blunt force object. The other person is ducking behind the suspect with the generator, and my client is afraid he is attempting to try arm himself with a concealed weapon also. My client couldn't back up fast enough to escape or elude the attackers advance. My client was forced to defend himself. He used an appropriate level of force, discharged his weapon twice, striking each suspect once. My client used the exact level of force necessary to end the felonious assault against him. My client also knew if the attackers were able to get past him, (since they were running towards his house) his unarmed and vulnerable family, including his wife who was Miss January of 1999, were going to be vulnerable and isolated. While my client feels terrible that this event ever happened, he stands by his actions, confident they fall inside all laws of this great state."

After the homicide detectives stop giving you a standing ovation, they take the statement, and gather all the facts of the case, present it to felony screening, who quickly realize that is this is an open and shut case. They promptly file Criminal homicide charges on.....Perp #2. You are released as the victim that you are, subpoenaed to testify in Perp #2's murder trial, but he takes a plea, and gets 20 years for a reduced Manslaughter charge, with the Burglary and Attempted Ag Battery charges dropped. Your generator and shotgun are returned to you after two years in evidence.

 

[T.Lex]

I'm pretty sure Mr. Kahn only does civil stuff. That sounds more like Jimmy Voyles or someone from his firm.

 

[Bill B]

I thought it was Miss April...

 

[jedi]

My client also knew if the attackers were able to get past him, (since they were running towards his house) his unarmed and vulnerable family, including his wife who was Miss January of 1999, were going to be vulnerable and isolated. While my client feels terrible that this event ever happened, he stands by his actions, confident they fall inside all laws of this great state."

 

[GuyRelford]

I already disagree with your answer and am prepared to argue the contrary point of view. And actually, that's regardless to what your answer actually is.

The sign of a good lawyer!!

 

[GuyRelford]

Stanley Kahn?? Seriously??

 

[Sigasaurus]

Always go for the killshot then it's your word against a dead guys!!!

 

[GuyRelford]

This is my first post! Hooray!

The promptly file Criminal homicide charges on.....Perp #2.

Welcome to INGO!

I think you mean "felony murder." If so, that could well be the case. Check out Exum v. State. (I'm on my phone or I'd give you the cite.) Although I think felony murder charges are much less likely in a burglary case than in a robbery case like Exum. Still, the facts of Exum occurred in a home, so much of the logic holds.

But, back on point - other than the brilliant lawyering of Mr. Kahn (the first lawyer to be on the wrong end of a reported case on Indiana's "frivolous litigation" statute), WHY weren't you charged, under Indiana's self-defense statute?

Guy

 

[ThePreacher]

I thought it was Miss April...

She snored too loud.

 

[ThePreacher]

I believe that would violate the TOS.

 

[ThePreacher]

Stanley Kahn?? Seriously??

My mom used to date him (not really) and he owed us a favor.

 

[GuyRelford]

My mom used to date him (not really) and he owed us a favor.

Then have him cut the grass.

 

[ThePreacher]

Welcome to INGO!

But, back on point - other than the brilliant lawyering of Mr. Kahn (the first lawyer to be on the wrong end of a reported case on Indiana's "frivolous litigation" statute), WHY weren't you charged, under Indiana's self-defense statute?

Guy

After having extensive experience with the county prosecutors here in Marion county, I have learned that they will not file charges unless it is a slamdunk conviction. If they have a sliver of a chance to lose the case, and cause their conviction rate to fall, they will typically not file. Way too much grey area here, and without any outside witnesses (beyond myself and the wounded perp) it was obvious I was showing restraint, having only shot twice, and stopping once I perceived the threat had ended. All physical evidence will be to my advantage. Both wounds will have been inflicted on the fronts of their bodies, indicating their direction when facing me. The living perp will admit running out of the shed, so he'll qualify my statement that they were running at me, regardless of their intent(I believed they were attacking me with a deadly weapon). Since I have given only one statement, through my lawyer, my story will remain consistent and within the scope of the law. I can bet easy money the living perp's story will be rather inconsistent, and even though I don't need to rely on that aspect of the crime, it will help even more destabilize any charges against me.

 

[jeremy]

Unfortunately the civilized man has no right to protect his personal property. Only his life, and inside his home. (better have a broken door) and most times you are still going downtown in cuffs.. This is how law enforcement and civil liberties work.

No this is not how it works...

Welcome to Indiana...

 

[edporch]

I told 'em to stop, and one guy reached for what I thought was a weapon and I shot him.

I had no way to know he didn't actually have one.

Police have been shooting perps for years and giving this same answer.
If it's good enough for them, it's good enough for me...

 

[IndyGunSafety]

What is the purpose of being to carry a handgun on ALL of your own property (without a LTCH) if you can't use it to defend you and yours?

Exodus, your last sentence put it best: YOU and YOURS, meaning YOU and your FAMILY, NOT your STUFF.

I think a guy in an RV on your land that shoots somebody stealing a TV out of your house is in a lot of trouble.

You certainly can defend your own life, or even that of a complete stranger if they would have had the right to do so themselves. But you cannot defend stuff with deadly force. (Although you can defend an occupied motor vehicle.)

 

[Rookie]

So preacher, who gave you negative rep?