AMBUSH!!! Why an Indianapolis man will not be charged for fatally shooting a burglary suspect

am·bush
/ˈambo͝oSH/
noun
  1. 1.
    a surprise attack by people lying in wait in a concealed position.

    2.
    Using a verbal command while protecting the contents of your mothers home from career criminals.
 
The son spent the night there as the house was unoccupied and he wanted a presence there, especially after a robery. I certainly wouldn't say "I expected them to come back so I waited quietly in the living room with a gun"
 
My bother a police offer has told me time and time again if some one breaks in to your house make sure you kill them because a dead man can't tell no tails and if he is not dead then he will sue you for messing him up.

So that's his story and I am sticking to it.
 
Last edited:
As for the "occupied dwelling" issue, I think the comments have it right, the article gets it wrong -- the moment somebody (the son of the owner in this case) enters any "enclosed space that is used or intended for use as a human habitation" with permission of the owner, it is an "occupied dwelling".

Unlike domicile, a "dwelling" doesn't mean "your primary home", partly it just means this is not a storage space, not a commercial building like a store or factory -- it's a residence.
 
Unlike domicile, a "dwelling" doesn't mean "your primary home", partly it just means this is not a storage space, not a commercial building like a store or factory -- it's a residence.
So we can add "domicile" and "dwelling" to "primary residence" and "principal residence".
 
Not an ambush... but I agree with the author, it's a hot water tank. If you think it's gonna happen again I'd set up lots of trail cameras. I'm not gonna wait around hoping someone breaks into the house again. Regardless of legal troubles (anything to take another gun toter off the streets) the author's right, he didn't exactly increase his odds of survival by waiting around. It's his prerogative but I'd watch on a wifi cam, sitting at home, 911 on speed dial. I don't think the guy should be prosecute but it don't think he's a genius either.


Going back to the house you JUST robbed, THE NEXT NIGHT, has got to be the dumbest idea ever, though. That robber's definitely a Darwin award candidate.
 
Going back to the house you JUST robbed, THE NEXT NIGHT, has got to be the dumbest idea ever, though.
On the one hand, they were probably going to rip out pipes and wires for scrap value.
And we know that metal thieves are not exactly joining Mensa in droves.

But on the other hand, that hot water tank wasn't going to steal itself -
it's a tough job and someone's got to do it.
 
Back
Top Bottom