Tribune-Star
The tense and chaotic episode that unfolded at a Terre Haute shopping center last month was ripe with lessons about what Indiana law permits – or prohibits – a person to do in defense of property.
Here’s how police investigators say the April 5 incident went down: Two young men stole some items from a small store inside the enclosed Meadows Shopping Center. With plunder in tow, they fled through the main doors of the building and exited toward the main driveway and parking lot of the facility. They were followed outside by the store’s owner, who was none too happy with the thieves and their brazen criminal effort. What happened next stunned nearby onlookers, of which there were many at mid-afternoon around the busy commercial outlet.
The shop owner started firing a handgun at the thieves as they made their escape. Several shots rang out as the thieves fled around a corner of the building. No one was struck by the bullets, but they were fired in the direction of a busy parking lot and city street. People in the vicinity yelled for the man to stop shooting, which he did. A nearby middle school went into lockdown as students were about to be released for the day.
Fortunately, no one was injured, and police arrived quickly. The thieves got away, although they dropped some of their loot as they scrambled to dodge the gunfire aimed at them. They are yet to be identified and arrested.
The 72-year-old store owner, however, faces a felony charge of criminal recklessness based on allegations that he discharged his firearm in a reckless manner that endangered pedestrians and motorists.
It may seem surprising that the victim of a crime is now the one facing charges. But as the prevalence of guns in our society expands and people can carry deadly weapons with almost no restrictions, it’s crucial that people know what is and what is not appropriate use of firearm in cases such as the one the store owner encountered.
Legal experts explain that deadly force – including the use of a firearm – can be used only to defend against great bodily injury or potential loss of life, not simply to protect property.
A chief deputy prosecutor in Vigo County elaborated, saying use of deadly force to protect property, such as money or jewelry, can occur only if there is a reasonable belief that such force is necessary to prevent the imminent or immediate threat of serious bodily injury to oneself or another person, or to prevent the commission of a felony that involves the use or threat of force.
The wild-west mentality that guns can be used not just to defend yourself from bodily harm but also for defending property or merely intimidating someone with whom you’re having a disagreement is a threat to safe and peaceful living. What’s more, it’s illegal.
It remains to be seen what will happen to the store owner who went too far in his pursuit of thieves. Regardless of the outcome, the case is a cautionary tale for gun owners who might be tempted to become gunslingers.
