South Bend- good guy +1

[Expat]

One person injured in gas station shooting on South Bend's west side

One person is injured in a shooting early Thursday morning. It happened on South Bend's west side, at the Phillips 66 gas station at Western and Sheridan. Polic

wsbt.com

glad to see they aren’t going to persecute this man.

 

[akethan]

Good shoot!

 

[way2good4u95]

Thank God for a prosecutor with sense on that. Saves the good Samaritan on legal fees.

 

[Expat]

Probably a good thing it was on video.

 

[Skip]

The prosecutor is still trying to bully people though. In his WNDU interview, he said: Civil charges could be possible.

That guy can’t read!

Indiana Code Title 34. Civil Law and Procedure § 34-30-31-1​

Current as of June 08, 2021 | Updated by FindLaw Staff
Sec. 1. (a) As used in this section, “forcible felony” means:
(1) any offense described under IC 35-31.5-2-138;
(2) residential entry (as defined under IC 35-43-2-1.5);  or
(3) burglary (as defined under IC 35-43-2-1).
(b) The justified use of force described under IC 35-41-3-2 provides a complete immunity against any claim or action initiated by a person:
(1) who alleges to have been injured or damaged by any such use of force;  and
(2) whose conduct justified the use of force.
(c) In no case shall any use of force justified under IC 35-41-3-2 give rise to any claim or action for damages or compensation against a person, employer, or estate of a person using such force by or on behalf of any person who:
(1) was attempting to commit or committing a forcible felony at the time such force was used;  or
(2) was attempting to cause or causing unlawful serious bodily injury to any other person at the time such force was used.
This prohibition shall apply to any claim or action brought by the estate, personal representative, spouse, or family member of a person described in subdivision (1) or (2).
(d) If a defendant files a motion under Trial Rule 56 of the Indiana Rules of Trial Procedure and supports that motion with admissible evidence that establishes a prima facie basis for the application of the immunity described in subsection (b) or (c), the burden shall shift to the plaintiff to oppose the motion with admissible evidence directly contradicting the application of the immunity in order to establish a genuine issue of material fact for trial.
(e) In a civil case in which an immunity defense under subsection (b) or (c) is raised, the fact that a defendant was not prosecuted for a crime related to the defendant's use of force shall create a rebuttable presumption that the defendant's use of force was justified under IC 35-41-3-2 and the jury shall be instructed on this presumption if the case proceeds to trial.  In a summary judgment proceeding described in subsection (d), the fact that a defendant was not prosecuted for a crime related to the defendant's use of force shall also create a prima facie basis for the application of the immunity described in subsection (b) or (c).
(f) In any action commenced after June 30, 2019, in which the defense described in subsection (c) is raised by a defendant, at the conclusion of the action the court shall award to the defendant or defendants, as applicable, any reasonable attorney's fees and costs incurred in defending the action if a defendant successfully moves for summary judgment on the basis of the defense set forth in subsection (c) or the trier of fact determines that the action was prohibited by subsection (c).

 

[Sigblitz]

They didn't release the name of the good guy with a gun because he's not being charged with a crime.
That seems different from normal operating procedures. Their name is usually in the news.

 

[Rick Mason]

The prosecutor is still trying to bully people though. In his WNDU interview, he said: Civil charges could be possible.

No, Ken did not necessarily say this. The reporter said that he said it. Two completely different things. The reporter also used the vigilante word as if the citizen was dressed in a Batman costume wandering the streets looking for bad guys to off. Maybe Ken did say it, maybe he didn't. Maybe he said something about the subject and the reporter put his own wrong spin on it.

The simple lesson is don't trust the media, especially on subjects in which you know they know little about, and you know a lot about.

Full disclosure: Ken is family. Don't agree with him politically, but he is otherwise a stand up kind of guy.

 

[Skip]

No, Ken did not necessarily say this. The reporter said that he said it. Two completely different things. The reporter also used the vigilante word as if the citizen was dressed in a Batman costume wandering the streets looking for bad guys to off. Maybe Ken did say it, maybe he didn't. Maybe he said something about the subject and the reporter put his own wrong spin on it.

The simple lesson is don't trust the media, especially on subjects in which you know they know little about, and you know a lot about.

Full disclosure: Ken is family. Don't agree with him politically, but he is otherwise a stand up kind of guy.

I suppose that’s a fine line I’m not willing to give the benefit of the doubt to ANY demonrat…..

 

[Skip]

Full disclosure: Ken is family. Don't agree with him politically, but he is otherwise a stand up kind of guy.

A liable suit should follow or at least a public clarification, but, I again refer folks to my previous post……HE AIN’T GONNA DO THAT BECAUSE THAT’S HOW HE REALLY FEELS.

Have him call Guy Relford. Guy will straighten him out…..

 

[marcm1059]

One person injured in gas station shooting on South Bend's west side

One person is injured in a shooting early Thursday morning. It happened on South Bend's west side, at the Phillips 66 gas station at Western and Sheridan. Polic

wsbt.com

glad to see they aren’t going to persecute this man.

happy to see this

 

[bowhunter911]

good stuff.