When seconds count the police are minutes away. This family took care of it!

[gatorindy]

Hope this isn't a duplicate
Citizen's Arrest: Alabama Family Holds Burglary Suspects at Gunpoint

 

[Thor]

Another feel good story of good people with guns.

 

[Lebowski]

I thought you were only allowed to draw your weapon if you were going to shoot something.



Sarcasm aside, I see nothing wrong with what they did and think they handled it well. Thieves suck, and as mentioned on the report it took the police 15 minutes to arrive to a scene where GUNS WERE DRAWN. I imagine they were hurrying too. Imagine how long it would have taken for them to show up normally... Obviously police can't be everywhere so it's good to see people taking care of themselves.

 

[Bill of Rights]

I thought you were only allowed to draw your weapon if you were going to shoot something.



Sarcasm aside, I see nothing wrong with what they did and think they handled it well. Thieves suck, and as mentioned on the report it took the police 15 minutes to arrive to a scene where GUNS WERE DRAWN. I imagine they were hurrying too. Imagine how long it would have taken for them to show up normally... Obviously police can't be everywhere so it's good to see people taking care of themselves.

Found online:

“A man called the police and told them he had 5 men breaking into his tool shed out back. The dispatcher told the guy they didn’t have anyone available to make it out to his property to stop the crime, and that the man should just remain in his home to be safe.

The cops would be there when they could get there. The man was outraged and said “You really need to get out here! They are in the shed RIGHT NOW, and you can catch them.”

The dispatcher again told him they didn’t have anyone available.

The man hung up, waited one minute, then called the police again. He said “I have 5 dead guys in my shed” the dispatcher said “WHAT”? The man nodded “Yeah, I just went out and shot those burglars I called you about.”

Within seconds, several police cars drove up and the cops went into the shed … they found 5 guys stealing and promptly arrested them. One of the cops said, “I thought you said you shot all these guys.”

The home owner said “I thought YOU said you didn’t have anyone available for my call”

​

 

[jwh20]

This just can't be true! I heard that nothing good can come from firearms.

 

[Lebowski]

In all seriousness though, can these women be charged with anything?

If this was in Indiana, and you saw someone comitting a crime or were a victim of a non-violent crime, could you hold them at gun point until police arrived? I'm thinking that you could still be charged with a crime or sued, right, and that most would argue that it isn't a good idea... right?

 

[BiscuitNaBasket]

Well that is just some awesome news.

 

[88GT]

In all seriousness though, can these women be charged with anything?

If this was in Indiana, and you saw someone comitting a crime or were a victim of a non-violent crime, could you hold them at gun point until police arrived? I'm thinking that you could still be charged with a crime or sued, right, and that most would argue that it isn't a good idea... right?

If they complied with your orders, why not? What crime would one be committing if the bad guys compliance was voluntary?

The only people arguing it's not a good idea are the ones who stand to make money by convincing you it's not a good idea and you need formal training to do it.

 

[Lebowski]

If they complied with your orders, why not? What crime would one be committing if the bad guys compliance was voluntary?

The only people arguing it's not a good idea are the ones who stand to make money by convincing you it's not a good idea and you need formal training to do it.

I'm not saying I think it is wrong. In fact, I applaud them and think I need to find me an Alabama blonde to marry now.

Was just curious if the law could come back and bite them in the rear if the criminals they apprehended wanted to complain or cause a fuss.

 

[88GT]

I'm not saying I think it is wrong. In fact, I applaud them and think I need to find me an Alabama blonde to marry now.

Was just curious if the law could come back and bite them in the rear if the criminals they apprehended wanted to complain or cause a fuss.

Bad attempt at humor on my part. Little bit of sarcasm regarding the "voluntary compliance" comment. Strictly speaking, there's no legal authority to detain them. If they run, you can't shoot them in the back to stop them. But I also don't think there's a statue prohibiting it either.

IC says this:

c) With respect to property other than a dwelling, curtilage, or an occupied motor vehicle, a person is justified in using reasonable force against another person if the person reasonably believes that the force is necessary to immediately prevent or terminate the other person's trespass on or criminal interference with property lawfully in the person's possession, lawfully in possession of a member of the person's immediate family, or belonging to a person whose property the person has authority to protect.

It's not directly addressing the detainment, but it does show where the use of force is acceptable to terminate the crime, and one could always argue that the detainment was part of the termination of the criminal activity.

 

[kludge]

The problem here is that we now have stupid Indiana Supreme Court decision that says pointing a firearm = deadly force where no such verbiage appears in statute.

 

[Bill of Rights]

The problem here is that we now have stupid Indiana Supreme Court decision that says pointing a firearm = deadly force where no such verbiage appears in statute.

Kludge, elaborate on that, please. I'm not arguing the verbiage of statute, but rather your position that pointing a firearm is not the same as deadly force. By pointing it, you're saying, in effect, "do the wrong thing and I will shoot you." Indiana has no such charge as "assault", and therefore, not "assault with a deadly weapon", either, but using the common definition of "making a threat", ADW is clearly worse than simple assault.

I'm curious how you separate the two, and why you believe the ISC got it wrong.

Blessings,
Bill

 

[kludge]

To be clear, it's NOT my position that pointing pointing a firearm constitutes "use of deadly force". IMO pulling the trigger must occur before "use of deadly force" has occurred, i.e. "substantial risk of serious bodily injury". Up to that point the bullet is still in the gun and it is a "threat of deadly force" and that is why the statute for self defense is clear to delineate that a person can defend themselves against the "threat OR use of deadly force". Pointing a knife a someone is not deadly force, stabbing a person is. Pointing a penis at someone isn't rape, penetration is. This is also why pointing a (loaded or unloaded) firearm in statute is not the same at attempted murder - however as I understand it "attempted murder" doesn't exist in Indiana statute, and I'm guessing would be "Battery", "Aggravated Battery" or "Criminal Recklessness", (i.e someone ACTUALLY USED "deadly force" on another person, but they lived). You can't have it both ways and have consistency in the law.

To me it's a bad decision because 1) for me at least, the verbiage of the law in my reading doesn't support it in the proper context; 2) the average person who doesn't read every obscure court decision would never know about it, and the law IMO should be intuitive, not only the highly educated; 3) it doesn't make logical sense (see 1st paragraph); 4) it is a tactical disadvantage for someone in a SD situation to have his/her gun drawn and not be able to point it. Being at "low ready" and then to quickly raise it and get on target is not something the average person is very good at - in fact most people suck at it - the momentum of the upward swing of the arms and gun often carry the shot off the target.

(And like most other bad decisions it was made to put a bad guy in jail without thinking of the results for law abiding citizens.)

A lot of people will argue #4 that the gun shouldn't be drawn unless deadly force is necessary, but in many situations, which happen far too quickly for reaction time, that could get someone dead or worse.