posted on Oct, 1 2008 @ 02:54 AM
For anyone who is concerned that this father would face trial for protecting his daughter, as a part-time reserves officer with the LaPorte IN County
Sheriffs Police Dept., I can assure you that there is no prosecutor here in Indiana that would waste their time to bring up any criminal charges
Indiana has a very strong and well-defined Castle Doctrine, meaning that one does not have to retreat and can use whatever force necessary to prevent
or terminate another persons unlawful entry onto their property, as defined in IC 35-41-3-2. The intruder does not have to be armed for one to use
force against them. One has a right to this not only in their home, but also in any out buildings on their property, while in their vehicle, at their
place of business, or out in public if threatened, and one is also legally absolved from any legal jeopardy if they choose to intervene and protect
an innocent third party victim as well. While this is clearly defined, one must use common sense and reasoning pertaining to the specific situation.
For example, under normal circumstances one could not just shoot someone who just walked onto their property to knock on the door. If that person as
much as opened the door or a window without permission and merely reached a hand into the primary dwelling area, then deadly use of force would be
justified. Porches and breezeways are a gray area, garages are not. I live on over 200 acres, and my driveway and all of the access roads onto my
property are gated, and there is a considerable length of wrought-iron fencing on either side of my main drive, and I have posted "no trespassing"
and "beware of dogs" signs at each entry and at regular intervals along the perimeter of my property. I would likely be legally justified in using
deadly force against someone who has breached these and gained access onto my property without my permission, but unless they were armed and/or
threatening, personally, I don't believe I would be ethically responsible to do so. I would not have to worry about that anyway as my three
well-trained dogs would take care of any intruder who is dumb enough to enter my property, and I would not be responsible for that, as warning sings
are well posted.
While this man would be absolved from any criminal charges, not long ago it is possible that he would be the victim of a civil wrongful death suit by
the family of the deceased sex offender. Indiana law now provides immunity for the victim against a civil suit if the person they used force against
was involved in criminal activity, or they were otherwise justified in using force against them.
I would think it is fairly safe to assume that this homeowner is in the clear from a legal standpoint, and it would be inane think of him as anything
less than a hero for his actions.