Woman in Orange Vest Fires Pistol While Harassing Deer Hunter in Ohio

[Butch627]

What's the Indiana Code for an ND?

And why would it be "ND" if it was an intentional act? If she shot into the ground, no crime in IN just for the discharge. If she shot *at* him or near him, criminal recklessness up to attempt murder, depending. No way you'd get attempt murder here, though, were setting up an ambush on pursuing cops and firing at them is only crim reck with a deadly weapon. Just as Marion Co juries.

Not my area of expertise, from reading other threads about warning shots which I thought were considered ND's and such I thought in Indiana she may have been liable of a ND at the least and hopefully more serious charges even if the shots were not in his direction

 

[Kirk Freeman]

What's the Indiana Code for an ND?

And why would it be "ND" if it was an intentional act? If she shot into the ground, no crime in IN just for the discharge. If she shot *at* him or near him, criminal recklessness up to attempt murder, depending. No way you'd get attempt murder here, though, were setting up an ambush on pursuing cops and firing at them is only crim reck with a deadly weapon. Just as Marion Co juries.

A Norte Dame fan should be vigorously prosecuted.

 

[russc2542]

Put the dog on her.

Then she ATFs the dog...

 

[BehindBlueI's]

Not my area of expertise, from reading other threads about warning shots which I thought were considered ND's and such I thought in Indiana she may have been liable of a ND at the least and hopefully more serious charges even if the shots were not in his direction

NDs are unintentional. Warning shots are intended. There is no crime for an "ND" in and of itself. Criminal recklessness could be charged depending on where the bullet went, regardless of if the trigger was intentionally pulled or not. The issue with warning shots is where does the bullet go? Obviously dumb hypothetical, but to illustrate the point, if I have a sand barrel in my sunroom and fire into it to scare a burglar coming in the window, not criminal recklessness. If I fire out the window toward my neighbor's house, criminal recklessness. The fact it's a warning shot is irrelevant in either case.

Firing into the dirt in the woods is not criminal recklessness. Who could we reasonably expect to be hurt, other than worms and bugs? Firing at someone, across a road, into a house, those sorts of things fall into criminal recklessness. Even if nobody was hurt, the potential for someone to be hurt was too high for society to accept.

 

[BehindBlueI's]

A Norte Dame fan should be vigorously prosecuted.

Sur Dame fans are ok, though?

 

[Win52C]

I get the hunter harassment law and all that. My problem is though, just what constitutes hunter harassment. Sure, cut and dried in this case, but one of my neighbors had somebody cuss them out and almost got violent because we were walking around on my neighbors property during bow season, doing forestry with the district forester, and didn’t even know somebody was hunting on the adjacent property. And of course they were hunting right on the property line. At what point is my target shooting on my property harassment on adjacent property? Yes, I said it before, this case was cut and dried.

Adjacent property is just that. Adjacent. If they don’t have permission to hunt on my side of the line. They can go pound sand if I decide to do what I want, when I want on MY property. I bought it. I paid for it. I maintain it, I pay taxes on it so If they are dumb enough to set up a stand 20 ft or less from my line facing into my property. They can’t say they didn’t know or once its wounded I can track it on your side. Nope, No go slick. Guaranteed I’ll be walking through the woods a lot, making lots of noise and doing some target practice during hunting season. Been down this road, unfortunately, with a neighbor who used to let 1/2 the county hunt on him and even constructed a permanent stand/blind as mentioned above. While we restrict our side to a few family members. Rant over lol

 

[indyblue]

NDs are unintentional. Warning shots are intended. There is no crime for an "ND" in and of itself. Criminal recklessness could be charged depending on where the bullet went, regardless of if the trigger was intentionally pulled or not. The issue with warning shots is where does the bullet go? Obviously dumb hypothetical, but to illustrate the point, if I have a sand barrel in my sunroom and fire into it to scare a burglar coming in the window, not criminal recklessness. If I fire out the window toward my neighbor's house, criminal recklessness. The fact it's a warning shot is irrelevant in either case.

Firing into the dirt in the woods is not criminal recklessness. Who could we reasonably expect to be hurt, other than worms and bugs? Firing at someone, across a road, into a house, those sorts of things fall into criminal recklessness. Even if nobody was hurt, the potential for someone to be hurt was too high for society to accept.

In the video it appeared that she shot into the air so who knows where the bullet ended up? The bullet might have landed and gone through someone’s windshield or roof. Does this change the scenario at all?

 

[daddyusmaximus]

"It was self defense"


No... there's no purple.
Not when you fire off a weapon in my direction.

 

[TheGhostRider]

Thou shalt not drink and post…
I hate these kind of people.

 

[BehindBlueI's]

In the video it appeared that she shot into the air so who knows where the bullet ended up? The bullet might have landed and gone through someone’s windshield or roof. Does this change the scenario at all?

Assuming Indiana, get me beyond a reasonable doubt that the act either:

creates a substantial risk of bodily injury to another person

or

shooting a firearm into an inhabited dwelling or other building or place where people are likely to gather;

It's tough to argue both 'who knows where it ended up' and 'it ended up in one of the above'. If I were a half way competent defense attorney, I'd also point out you can squirrel hunt in IN, so the act of firing a bullet upward in the woods is both common place and accepted behavior.

 

[indyblue]

Assuming Indiana, get me beyond a reasonable doubt that the act either:


or


It's tough to argue both 'who knows where it ended up' and 'it ended up in one of the above'. If I were a half way competent defense attorney, I'd also point out you can squirrel hunt in IN, so the act of firing a bullet upward in the woods is both common place and accepted behavior.

That is very reasonable logic.
I have nothing to argue that with.

 

[ljk]

NDs are unintentional. Warning shots are intended. There is no crime for an "ND" in and of itself. Criminal recklessness could be charged depending on where the bullet went, regardless of if the trigger was intentionally pulled or not. The issue with warning shots is where does the bullet go? Obviously dumb hypothetical, but to illustrate the point, if I have a sand barrel in my sunroom and fire into it to scare a burglar coming in the window, not criminal recklessness. If I fire out the window toward my neighbor's house, criminal recklessness. The fact it's a warning shot is irrelevant in either case.

Firing into the dirt in the woods is not criminal recklessness. Who could we reasonably expect to be hurt, other than worms and bugs? Firing at someone, across a road, into a house, those sorts of things fall into criminal recklessness. Even if nobody was hurt, the potential for someone to be hurt was too high for society to accept.

You sure there is no chance there could be rocks in the dirt which a bullet would ricochet off?

 

[Mij]

You find this relevant info so quickly, DD ..... you have to be ATF !!!

The Google Fu is strong in this one…..

 

[BehindBlueI's]

You sure there is no chance there could be rocks in the dirt which a bullet would ricochet off?

Irrelevant. Criminal recklessness is not triggered by *any* risk, no matter how slight. Think it through if you think it should. How many action a day do you take that *could* cause harm to someone? Driving? Passing someone a knife? Giving someone food with bones in it?

 

[indiucky]

There's a better way....

 

[indiucky]

Giving someone food with bones in it?

I've seen BBI eat 20 Indi's chicken wings....maybe more....

 

[Bassat]

There's a better way....

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I think I should take up protesting to support PETA. Think a partially bald, fat, old guy would garner as much attention?

 

[two70]

I think I should take up protesting to support PETA. Think a partially bald, fat, old guy would garner as much attention?

Judging by the photos above, they aren't all that picky.

 

[SeanT]

Meanwhile I have two courses about sex gender and crime for this year.
"Man its hard to not laugh and show empathy to the hunter"

 

[fullmetaljesus]

If someone came on my property yelling and screaming and they fired a round....they best be trying to save me from bigfoot or something..if not they are catching hot lead.