Indiana man has weapons seized under red flag law

[Vigilant]

Is there a link to the affidavit? I must have missed it.

The affidavit is on my case.

 

[BehindBlueI's]

If that's what was said, this definitely is an overblown situation.

That's just a brash way of saying "go the **** away, you're unwelcome here." That's not equivalent to "I'm going to kill you."

Again, read it.

 

[LockStocksAndBarrel]

I don't think CM wants that info posted here. Go to mycase.gov (or something like that). One or more of the articles has his name in it so it doesn't take long to find it.

Gotcha

 

[BigBoxaJunk]

For a difficult to obtain warrant, it did happen fast; threat on Thursday and arrested Friday morning. You did qualify with "this county" which I assume is Marion. Vigo could be different.

I wouldn't be surprised if the "threat" went something like "step foot in this house and you will be shot".

Will wait for more info to form an opinion, but this could be a very slippery slope and a new tactic for antis.

The threat was made on the 10th, report to LE was made on the 15th, attempted to serve the warrant on the 16th with no success, and the warrant was served on the 17th.

 

[HoughMade]

If that's what was said, this definitely is an overblown situation.

That's just a brash way of saying "go the **** away, you're unwelcome here." That's not equivalent to "I'm going to kill you."

That's only 1 thing that was in it....

 

[Vigilant]

If that's what was said, this definitely is an overblown situation.

That's just a brash way of saying "go the **** away, you're unwelcome here." That's not equivalent to "I'm going to kill you."

Read the affidavit, that’s not ALL that was allegedly said. At first blush, he was warning them to call when they were coming, and again when they got there. Further into it, he makes some really creepy statements.(allegedly).

 

[churchmouse]

I just did the Hospice Train leaving the station with my father this past March, There were a few firearms laying around and I carry. When one of the Hospice nurses came around, not a peep was said nor brought up about any guns at my father's home. The first day I was there, the nurse that was overseeing my father was at his house for hours showing me what needs to be done and how to do what's in the white box of drugs in the fridge. They could have cared less about any firearms.

Hospice is not the same thing as the Home health folks.

 

[churchmouse]

Is there a link to the affidavit? I must have missed it.

GFGT is correct.

 

[churchmouse]

Read the affidavit, that’s not ALL that was allegedly said. At first blush, he was warning them to call when they were coming, and again when they got there. Further into it, he makes some really creepy statements.(allegedly).

Our home health people called when they were ready to come our way. We set it up that way and all but 1 complied. She failed calling on 2 occasions and was removed from our case.

 

[Hawkeye]

Well if the facts alleged in the affidavit bear out, he’s well and truly screwed. But they’ve got to bear out first.


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[BobDaniels]

The threat was made on the 10th, report to LE was made on the 15th, attempted to serve the warrant on the 16th with no success, and the warrant was served on the 17th.

Yeah, my bad for commenting before reading the affidavit and only reading the article. I put a small edit in my post correcting myself.

For those playing at home, this is the quote "A Terre Haute man's threat to a home healthcare worker Thursday prompted his arrest Friday and the seizure of hundreds of firearms and ammunition from his house" and it is from this article: Police: Threat leads to seizure of hundreds of firearms | News | tribstar.com

 

[HoughMade]

Hospice is not the same thing as the Home health folks.

True. My Dad had in-home hospice. It started on a Thursday. He passed away the next Monday. That is the nature of hospice.

 

[HoughMade]

Well if the facts alleged in the affidavit bear out, he’s well and truly screwed. But they’ve got to bear out first....

True. The state, of course, has the burden of proof beyond a reasonable doubt as to the criminal charges, but the state also has the burden of proof, albeit "by clear and convincing evidence" as to the firearm seizure. Further the hearing has to be held in 14 days after service of the warrant.

Think of "clear and convincing evidence" this way:

"By a preponderance of the evidence" is a hair over 50% certainty (more likely than not).

"Beyond a reasonable doubt" is somewhere over 90% (any doubt you have is fanciful and not reasonable).

"Clear and convincing" is somewhere around 70-80%.

 

[Vigilant]

Our home health people called when they were ready to come our way. We set it up that way and all but 1 complied. She failed calling on 2 occasions and was removed from our case.

It was the exact same thing I told the hospice workers coming to my house for my mothers’ end of life care, call when you’re coming, call when you get here, no harm no foul, nobody went to jail and had anything seized. That wasn’t the threat as I took it, that came later. Hopefully, this is a big big misunderstanding, but in the end, he’ll probably lose his guns to the methadone charge. The good thing so far is they are charging both as level6 felonies, that can usually be knocked down to misdemeanor charges rather easily. The bad thing is the feds are sniffing now.

 

[Hawkeye]

True. The state, of course, has the burden of proof beyond a reasonable doubt as to the criminal charges, but the state also has the burden of proof, albeit "by clear and convincing evidence" as to the firearm seizure. Further the hearing has to be held in 14 days after service of the warrant.

Think of "clear and convincing evidence" this way:

"By a preponderance of the evidence" is a hair over 50% certainty (more likely than not).

"Beyond a reasonable doubt" is somewhere over 90% (any doubt you have is fanciful and not reasonable).

"Clear and convincing" is somewhere around 70-80%.

All true. Frankly I was a bit creeped out reading the document. Almost wish I hadn’t! I hope he gets a good attorney. Whichever way this goes it’s going to be scary for him and costly.


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[BigBoxaJunk]

Well if the facts alleged in the affidavit bear out, he’s well and truly screwed. But they’ve got to bear out first.


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The gentleman was being treated for slow-healing wounds due to diabetes, and I would assume that there is the possibility of blood sugar and/or meds causing him to talk a little crazy. Although, if that was cause for dismissing the threat charge, it could also be cause to not give him his guns back.

 

[2A_Tom]

The affidavit was obviously written after the search since it mentions the results of the search. I cannot find the affidavit for the search warrant.

 

[HoughMade]

All true. Frankly I was a bit creeped out reading the document. Almost wish I hadn’t! I hope he gets a good attorney. Whichever way this goes it’s going to be scary for him and costly...

Well, he has an attorney.

 

[Trigger Time]

I always remember to put on my purple rubber gloves before I put my hand over a muzzle.

Wonder if that's the one built at the ingo build party. Looks polish

 

[Vigilant]

The affidavit was obviously written after the search since it mentions the results of the search. I cannot find the affidavit for the search warrant.

The search didn’t happen until after he was arrested wihout a warrant, the affadavit as to probable cause was to substantiate the aresst without a warrant. They did possess a warrant to search, but did not execute it as he was not home.