Shooting at PD Imposter

[Wild Deuce]

Looks like someone needs some education regarding use of Deadly Force. Unless the story left a lot of details out, this young man is very lucky.

I did a search. Please delete/merge if it's a dupe.

 

[rockhopper46038]

He certainly needs a little more range time.

 

[Titanium_Frost]

That leaves out basically any info useful to base an opinion on. Why was he justified in using deadly force?

 

[Wild Deuce]

That leaves out basically any info useful to base an opinion on. Why was he justified in using deadly force?

I agree. The story leaves a lot to be desired. The NWI Times is notorious in that regard. I should have said "someone might need some edcuation ..." There was no mention of a weapon or threat being made by the imposter.

 

[BiscuitNaBasket]

Why was an 18 year old carrying a handgun?

 

[eldirector]

Why was an 18 year old carrying a handgun?

Because adults can get their LTCH?

 

[hooky]

Why was an 18 year old carrying a handgun?

Because he has his LTCH and wants to protect himself

Scooped!

 

[lonehoosier]

Why was an 18 year old carrying a handgun?

I got my LTCH at 18

 

[Wild Deuce]

Why was an 18 year old carrying a handgun?

As already stated, adults in Indiana can obtain a LTCH. They're not allowed to buy a handgun (from an FFL?) or ammunition (at the store?) for it but they can get a license and carry. If they're old enough to be pressed into military service, they should very well be allowed the privilege of defending themselves.

 

[red_zr24x4]

As already stated, adults in Indiana can obtain a LTCH. They're not allowed to buy a handgun (from an FFL?) or ammunition (at the store?) for it but they can get a license and carry. If they're old enough to be pressed into military service, they should very well be allowed the privilege of defending themselves.

+1000 to this, rep coming your way

 

[melensdad]

This is NORTH of US30 . . . do we really care what happens up there?

 

[Bill of Rights]

Why was an 18 year old carrying a handgun?

Why not?

Blessings,
Bill

 

[Flyguy]

WOW... I personally don't see how deadly force was justified here. Unless there is more to the story that isn't here. This "kid" is lucky he didn't kill or hurt someone with his gun.

 

[Indy Wing Chun]

This is NORTH of US30 . . . do we really care what happens up there?

HEY! I was born and raised north of 30.......ehhh who am I kidding, you're right.

 

[melensdad]

HEY! I was born and raised north of 30.......ehhh who am I kidding, you're right.

I was too, but I moved south as soon as could!

 

[jedi]

OP why are you impersonating LEOs?
The article said "A Hispanic male,..." & since I was home typing away on INGO and playing BF2 that only leaves you.

This is NORTH of US30 . . . do we really care what happens up there?

but.. but... but.. don't you us anymore half-brother?

WOW... I personally don't see how deadly force was justified here. Unless there is more to the story that isn't here. This "kid" is lucky he didn't kill or hurt someone with his gun.

Deadly force was not was as melensdad pointed out (even if in purple) this is NORTH of US30 and it's not uncommon for "shots fired" to be heard, read about in law reports, etc even if it was not justifiable.

-Jedi

 

[melensdad]

but.. but... but.. don't you us anymore half-brother?

-Jedi

We tolerate you when you drive south of 30

 

[MrYesterday]

I dont really see the problem. It was obviously an attempted robbery. Should he have waited for the bad guy to shoot him first?

Somebody who goes to the trouble of posing as a police officer just to rob people may also have more sinister plans. I wouldnt want to find out.

+1 all of that

My question is, did he miss? What happened to the BG? This just leaves me confused.

 

[LP1]

HEY! I was born and raised north of 30.......ehhh who am I kidding, you're right.

I was born and raised north of US30, and we didn't care what happened SOUTH of US30. Now I live south of US30, and I don't care what happens anywhere, unless I can do something about it.

 

[jedi]

I dont really see the problem. It was obviously an attempted robbery. Should he have waited for the bad guy to shoot him first?

Somebody who goes to the trouble of posing as a police officer just to rob people may also have more sinister plans. I wouldn't want to find out.

The IC 35-41-3-1 below disagrees with you.

The imposter LEO (ILEO) was not in the commission of doing serious bodily injury (that we know of based on the article). I would agree that it was a robbery per IC 35-42-5 but not a forceful felony.

The ILEO just asked for the guys wallet. Did not say anything about using force (ie. Hand over your wallet or I kill you), did not show any weapon "Give me your wallet" (while holding a gun, knife, crowbar, etc...)

So it's like me walking up to you and saying "Hey give me your wallet".
That statement alone does not give you the right to use deadly force to stop me. You can use reasonable force but not DEADLY force (ie. the gun of a weapon that can kill even if you miss).

There is a course called Comprehensive Indiana Gun Law offered by Tactical Firearms Trainings (Tactical Firearms Training, LLC) that I suggest you take. It will help you understand Indiana Law on when and how you can use force (including DEADLY force whcih is what you do when a firearm is used) to protect yourself, your family, and property.

A review of the course can be found here:
https://www.indianagunowners.com/fo...ining_llc_comprehensive_indiana_gun_laws.html

-Jedi




IC 35-41-3-2
Use of force to protect person or property
Sec. 2. (a) A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.
(b) A person:
(1) is justified in using reasonable force, including deadly force, against another person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle.
(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. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
only if that force is justified under subsection (a).
(d) A person is justified in using reasonable force, including deadly force, against another person and does not have a duty to retreat if the person reasonably believes that the force is necessary to prevent or stop the other person from hijacking, attempting to hijack, or otherwise seizing or attempting to seize unlawful control of an aircraft in flight. For purposes of this subsection, an aircraft is considered to be in flight while the aircraft is:
(1) on the ground in Indiana:
(A) after the doors of the aircraft are closed for takeoff; and (B) until the aircraft takes off;
(2) in the airspace above Indiana; or
(3) on the ground in Indiana:
(A) after the aircraft lands; and
(B) before the doors of the aircraft are opened after landing.
(e) Notwithstanding subsections (a), (b), and (c), a person is not justified in using force if:
(1) the person is committing or is escaping after the commission of a crime;
(2) the person provokes unlawful action by another person with intent to cause bodily injury to the other person; or
(3) the person has entered into combat with another person or is the initial aggressor unless the person withdraws from the encounter and communicates to the other person the intent to do so and the other person nevertheless continues or threatens to continue unlawful action.
(f) Notwithstanding subsection (d), a person is not justified in using force if the person:
(1) is committing, or is escaping after the commission of, a crime;
(2) provokes unlawful action by another person, with intent to cause bodily injury to the other person; or
(3) continues to combat another person after the other person withdraws from the encounter and communicates the other person's intent to stop hijacking, attempting to hijack, or otherwise seizing or attempting to seize unlawful control of an aircraft in flight.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977

IC 35-42-5
Chapter 5. Robbery
IC 35-42-5-1
Robbery
Sec. 1. A person who knowingly or intentionally takes property from another person or from the presence of another person:
(1) by using or threatening the use of force on any person; or
(2) by putting any person in fear;
commits robbery, a Class C felony. However, the offense is a Class B felony if it is committed while armed with a deadly weapon or results in bodily injury to any person other than a defendant, and a Class A felony if it results in serious bodily injury to any person other than a defendant.
As added by Acts 1977, P.L.340, SEC.39. Amended by Acts 1982, P.L.204, SEC.34; P.L.186-1984, SEC.1.