Rules of deadly force used in self defense

[FWiedner]

Rules of deadly force used in self defense


Story filed by NewsCenter16 Reporter
Jennie Runevitch


Bob Birtwhistle had to do what he could to save his life and protect his home

St. Joseph County, IN - On Wednesday, NewsCenter 16 told you about an elderly Mishawaka man who shot and killed an intruder at his home.

Police and the prosecutor called his actions justifiable but where is the line drawn? If you have a gun for protection, when is it ok to use it?

The law

There is a legal standard for self-defense and deadly force. But, as with most laws, there is room for interpretation.

You have a right to protect yourself and your home, but there could be consequences.

With an intruder at his door, his life likely in danger, 84-year-old Bob Birtwhistle grabbed his gun.

"I fired that shot to let him know I was armed and it didn't make a bit of difference, he still kept coming in."

Birtwhistle killed the intruder. It was deemed justifiable.

"That gentleman did the right thing as far as protecting his property," said Captain John Williams of the South Bend Police Department.

"It was pretty clear that this gentleman not only acted appropriately and reasonably, but that he probably saved his own life," added St. Joseph County Prosecutor Michael Dvorak.

Personal protection doesn't give you a license to kill.

"You have to draw the line somewhere," explained Williams.

That line is spelled out in state law. Hoosier homeowners can only use deadly force when they believe the intruder will seriously injure them. The law also allows deadly force to prevent unlawful entry into the home.

"You have to believe you are reasonably exercising that deadly force and that it's necessary to do so to defend yourself and to defend your home," said Dvorak.

Using a gun to stop trouble could land you in trouble. That happened in a 1995 case.

"An individual shot a burglar as they were fleeing from the home and that person was convicted of involuntary manslaughter. The Indiana Court of Appeals upheld that conviction," said Dvorak. "Like a lot of things in law, it's a very subjective standard, and you're maybe going to have a moment to make that determination."

There will always be an investigation because it is a homicide.

Before it even gets to the question of using a weapon, it's important to protect your home. South Bend Police have a program, specifically for the elderly, providing them with free deadbolt locks.

Crime Prevention will also come out and survey anyone's home to make sure it's safe.


http://www.wndu.com/news/022005/news_40407.php


*Note:  This is an article about a man defending himself in Indiana.  You would be well advised to become familiar with the applicable laws concerning self-defense and use of deadly force in your home-town.  FW

[Old Syko]

Just to simplify Indiana law a bit.  If an attacker is facing you or advancing toward you when you fire you will most of the time be exonerated of any wrong doing as this individual posed a perceived threat.  This is not limited to the confines of your own home either.  On the other hand if you fire at an individual that is in the process of leaving or facing away you are all but guaranteed to pay a price because this individual is no longer a threat to your life.

I have no authority to advise.  This is just a way people in so-called positions of authority have explained things to me.

[Greysky]

I reserve the right to determine when to use deadly force, not the government.

There is a word that aptly describes those who pause to ponder the possible legal consequences of their actions against an unlawful interloper, or attacker. It is VICTIM.

[fe352v8]

Hopefully others who also reserve that right, will not see you as a threat.  I do not know if you have had the mis fortune of killing someone, but many years ago I was in that position, while in the Army, and while there was no question in my mind about justification, the taking of a human life should never be taken lightly.  It has been almost 35 years and I can clearly see the faces and eyes of the men as life left them.  While there are certainly legal consequences and costs for using deadly force, I think you may find that they pale in comparison to the personal and spiritual burdens incurred.

life is no joke but funny things happen

jon

[Greysky]

Hopefully others who also reserve that right, will not see you as a threat.  I do not know if you have had the mis fortune of killing someone, but many years ago I was in that position, while in the Army, and while there was no question in my mind about justification, the taking of a human life should never be taken lightly.  It has been almost 35 years and I can clearly see the faces and eyes of the men as life left them.  While there are certainly legal consequences and costs for using deadly force, I think you may find that they pale in comparison to the personal and spiritual burdens incurred. life is no joke but funny things happenjon

As I've stated elsewhere in this forum, I've had to defend my life on two separate occassions as a civilian. I killed once, and the second time the creep ran like the filthy coward he was.

My parent's home was invaded twice by thugs in the past as I've previously explicated in this forum. I would have had no compunction then, or now in killing the slime who invade private homes, or attack innocent people.

I do not put myself in the same position as scumbag criminals, so if I am killed by someone it will be an unjustified act of murder committed by a criminal scumbag while my back is turned.

I will not apologize for my actions, and I certainly don't regret them.

[Nightrain52]

With a home defense situation comes a lot of responsibility. Whatever path you choose is a life altering situation. When it comes right down to it I don't know if I could pull the trigger or not but that is my choice right or wrong. My doors are locked at all times and the way I look at it is if someone breaks the lock or door he is not coming in for a friendly visit therefor he will be the one that will face the conseqeunces of his actions.