Goshen - Man Holds Intruder at Gunpoint

[jdhaines]

Sounds like about the best outcome you could ask for.

Source

Goshen man holds intruder ... 14-year-old boy ... at gunpoint

14 year old breaks into a home the homeowner is rehabbing. Home owner had a permit[sic] for awhile but started carrying more often due to the murder of the Goshen Professor getting so much news time. Finds this kid stealing stuff, holds him at gunpoint until Police arrive.

 

[Hoosierdood]

+1 for the good guy.

 

[IndianaSigma]

Couldn't have asked for a better outcome on that one!

 

[Effingham]

Excellent.

I must add that I hope the little jerk had a deuce of an accident when the guy drew down on him.

 

[Pyroponce]

+1...I was hoping this post was about them catching that bastard who murdered the professor.

 

[silentvoice71]

While the police were on the way did the boy "fall down the steps" because let me tell ya the steps are bad at my house

 

[IndyMedic]

I am originally from Goshen and seeing all these stories coming up Lately is pretty crazy. I haven't lived there for almost ten years now but it seems like recently violent crime has gone up in the area. I am glad to see people are protecting themselves.

 

[zx6rman96]

+1 hope it teaches that kid a lesson, damn punks

 

[LockStocksAndBarrel]

They just arrested his "accomplice". A 44 year old guy. They found a bunch of stolen stuff at the dude's hiuse. Evidently the 14 Y.O. squawked.

Second arrest made in robbery

 

[japartridge]

Great outcome and update!!!

 

[BBSparkle]

I was under the impression that holding someone at gunpoint was illegal. Anything going on with that?

 

[LockStocksAndBarrel]

I was under the impression that holding someone at gunpoint was illegal. Anything going on with that?

Ummmm...I believe you can hold an intruder into your home at gunpoint for the cops.

What issue do you have with that?

 

[Disposable Heart]

I was under the impression that holding someone at gunpoint was illegal. Anything going on with that?

Relford should be along to discuss this more accurately, but you can enact a "citizens arrest" in Indiana. Not illegal...

On the plus side is the homeowner didn't shoot the kid, that would have brought out the westside wailer's club screaming about "my baeybay!" and such.

Looks like his accomplice decided to use under 18 kids, probably because the kid will just get juvie and he goes to jail for something minor, to be back out in Goshen to continue this crap.

 

[critter592]

Hypothetical: So you pull your gun and point it at the intruder. He has no weapon in his hands. He turns and casually starts to walk for the door. What do you do/can you do?

 

[Effingham]

Put one in his shoulder....?

 

[critter592]

I think we fall under "reasonable force" in this situation. So is using deadly force reasonable in this situation if he starts to calmly walk away?

 

[Bill of Rights]

Hypothetical: So you pull your gun and point it at the intruder. He has no weapon in his hands. He turns and casually starts to walk for the door. What do you do/can you do?

Watch him do so. Make sure he doesn't draw a weapon. Make sure he doesn't come back. Get pictures, if possible, to give to LEOs. In short, be a good witness.

Put one in his shoulder....?

No. On the chance that you're being serious here, if you squeeze your trigger, you are employing deadly force, even if you only aim at his little toe.
The law permits the use of force, including deadly force, if you reasonably believed that force was necessary to terminate or prevent the person's unlawful entry into your home, yard, or occupied motor vehicle. (The term used is "curtilage", which means a little more than "yard", but the definition is sufficient for this use.) If he is leaving, no force at all is necessary to make him do so. If you draw AFTER you see him leaving, you could be said to be employing unnecessary force (though a good lawyer could probably argue you out of that one.) Please, for your own knowledge and protection as well as for the reputation of other Indiana gun owners, study this issue with care. I've not taken it, but I hear very good things about Guy Relford's class on the subject.

I think we fall under "reasonable force" in this situation. So is using deadly force reasonable in this situation if he starts to calmly walk away?

As above, I would say no, if you are using 35-41-3-2 as your argument. If you see him leaving, you may not use force to make him do what he is already in the process of doing.

As always, standard disclaimers apply:

I am not a lawyer, I don't play one on TV, This is not legal advice.
If you have specific questions regarding your personal situation, I suggest you hire a competent attorney licensed to practice in Indiana and retain his services.

Blessings,
Bill

 

[RockofStrength]

Hypothetical: So you pull your gun and point it at the intruder. He has no weapon in his hands. He turns and casually starts to walk for the door. What do you do/can you do?

Let him leave with all due haste, then call the cops and let the brave officers do their thing and catch the bad guy. The idea of pulling the weapon is to get his living presence out of my life: if he chooses to walk instead of being bagged, at least he's smart for a criminal.

 

[critter592]

I pretty much knew the answer but wanted to see the discussion. Thanks guys.

 

[Effingham]

No. On the chance that you're being serious here, if you squeeze your trigger, you are employing deadly force, even if you only aim at his little toe.

I should have put a smiley there -- I was being facetious. (Just for the record.)