The ax wielder? The shooter? The uncle? Take your pick.
Posted on 04/08/2005 11:15:53 PM PDT by Mulder
The family of a White River Township man shot and killed a year ago by a neighbor is trying to change Indiana’s self-defense law, which shielded the shooter from criminal prosecution.
Civilians should have to follow rules similar to what police must obey in a shooting and should have to attend classes before getting a permit to own a weapon, the family says.
Family members are working with State Rep. David Frizzell, who represents part of White River Township, to make the changes.
“As citizens, we do have the right to defend ourselves,” said Terry Doty, uncle of the man shot last year. “But I don’t think we need to strap on guns like in the wild West and shoot without calling police. That’s not what our society is wanting to become.”
Doty said discussions about changing the law stem from the death of his nephew, 44-year-old Bruce Mills, last spring. Mills was shot by a neighbor in the Oak Meadows Mobile Home Community on March 29, 2004.
Mills had been smashing windows of an empty trailer with an ax handle, and witnesses said he made an aggressive move toward Daniel Floyd, who had come outside his mobile home to investigate the noise.
Floyd fired at Mills with a 9-mm handgun from 8 to 9 feet away, hitting him in the neck and lower body. Mills stumbled, collapsed against the vacant trailer and died.
Floyd told authorities he was protecting himself and his family, and witnesses corroborated his account. He was not arrested.
In June, Johnson County Prosecutor Lance Hamner asked a grand jury to decide whether Floyd should face charges. They decided no.
“We weren’t happy with (Floyd) being a vigilante and taking the law into his own hands without calling 911,” Doty said. “There’s nothing we can do about our nephew’s situation, but we’d like to do this in memory of him and make sure the next family has some recourse.”
Indiana law gives Hoosiers the right to use deadly force against an attacker if it’s necessary to prevent serious injury or death.
In summary, the law says a person is justified in using reasonable force to protect himself or someone else from what he believes to be illegal force.
Frizzell said he is interested in working with Mills’ family to explore possible changes.
“It’s very difficult to know how you can prevent something like this from happening, but we want to make sure it benefits everyone in the state,” he said.
Doty said the family plans to dub any potential legislation as Mills Bill in honor of his nephew. They want state law to mandate that people call 911 or alert police before shooting in self-defense, he said.
The Johnson County Sheriff’s Office agrees with that idea and encourages people who witness a crime or fear for their safety to call 911.
“The best advice is to call and have us investigate,” Chief Deputy Doug Cox said. “If there’s time, let us make the call about what to do.”
If a person does shoot, the family wants individuals to follow the procedures police are required to obey when firing on someone.
Police are allowed to use deadly force when someone poses a threat of serious physical harm or threatens the officer with a weapon or to prevent a felon from escaping, Cox said.
In training, officers are encouraged to shout, “Please stop,” before firing, Cox said. But he said police are not required to give the warning and sometimes do not have time.
“If given the chance, we want them to,” Cox said. “But it’s often a split-second decision; and if we’re taking fire, we can’t be stopping to think about saying something.”
Doty said civilians should have to follow the same guidelines if put into a situation where they fear for their safety.
The family would also like to require Hoosiers to attend classes on gun use before obtaining a permit, Doty said.
He said that Frizzell has not made any promises to the family and that legislators likely will not discuss the issue until next year.
“That’s fine. We just don’t want the ball dropped,” Doty said. “Things can happen. It just depends on how interested (lawmakers) are and what kind of public backing there is.”
Suffice it to say, whoever wrote it is a blithering moron who shouldn't be allowed anyhwere near a word processor.
And oh yea, I'm going to take the time to call 911 while someone is coming at me with an ax handle. Like that's gonna happen.
I tell you Mulder; some days I feel like I'm almost completely surrounded by morons.
L
Here's some recourse for you: Mama don't let your babies grow up to be burglars.
Indeed, why shoot the poor guy just because he was wielding and axe handle and out of control?
But really, people that expect us to rely on the response time of the police to protect us aren't grounded in reality.
"an" axe handle
This is definitely one of those slippery slope situations. If you start chipping away at self-defense rights, then it won't be long before we are like Britain where a property owner is expected to roll over and play dead for any intruder upon their property, and if they don't, and if they harm the criminal in the process of defiance, then the victim becomes the criminal.
I think the law should be changed to impose a fine on anyone who shoots a criminal and he doesn't die.
Actually, police have more leeway in using deadly force, as compared to civilians. Civilians can't shoot feeing felons. I guess they will be able to do it now, if this idiot law is passed. Beware of unintended consequences.
This article is written by someone who hasn't the foggiest idea of the rules of engagement for either police or civilians. He must have learned everything from TV and movies, which is where most liberals learn about reality.
The now-terminated thug was obviously unimpressed with the citizen's handgun, until too late. Adding "stop, please" to the scenario would not have saved this criminal.
What can I say?
Moron alert!
Let us hope that they have not reproduced.
I'm thinking a littering ticket would be appropriate, or maybe violating a noise ordinance.
L
Call 911, send for glazed donuts, or have I got that backwards?
Civilians should have to follow rules similar to what police...
We are citizens with the right to self defense, not civilians. If someone comes at a cop wielding an axe, that individual will be shot.
“But I don’t think we need to strap on guns like in the wild West and shoot without calling police.
You don't have time to call the police and wait 30 minutes for them to arrive WHEN SOMEONE IS COMING AT YOU WITH AN AXE!
That’s not what our society is wanting to become.”
Bull crap. States are acknowledging our right to self defense more and more.
“We weren’t happy with (Floyd) being a vigilante and taking the law into his own hands without calling 911,” Doty said.
wrong Moron! Vigilantes intentionally seek out wrong doers to punish them.
“It’s very difficult to know how you can prevent something like this from happening...
It won't happen again, because the axe wielding criminal is pushing up daisies!
They want state law to mandate that people call 911 or alert police before shooting in self-defense, he said.
Unreal!
The Johnson County Sheriff’s Office agrees with that idea and encourages people who witness a crime or fear for their safety to call 911.
Yeah right. Sheriff, do you have a Star Trek transporter in your pocket or something. How are you going to protect someone from AN AXE WIELDING CRMINAL WHO IS EIGHT FEET AWAY?
Police are allowed to use deadly force when someone poses a threat of serious physical harm or threatens the officer with a weapon or to prevent a felon from escaping, Cox said.
What do you else do you call it when someone is coming at you with an axe?
In training, officers are encouraged to shout, “Please stop,” before firing, Cox said. But he said police are not required to give the warning and sometimes do not have time.
LOL!!! Now I get it, you must say the magic word before an axe wielding criminal will stop. Officer Cox do you use the old "Simon Says" trick to end hostage situations or is it Pretty Please?
He said that Frizzell has not made any promises to the family and that legislators likely will not discuss the issue until next year.
Good for them, for if a Dem makes a promise then you are certain he is lying.
It just depends on how interested (lawmakers) are and what kind of public backing there is.”
Yeah, the public is really interested in removing any protection they have from axe wielding criminals!
This is nothing but the unmitigated gall of a single family who seem to be completely unembarrassed about its family member that was about to use an axe handle on the neighbors, but are angry at the neighbors for defending themselves!
I imagine they will next try to sue the manufacturer of the firearm in question.
Seems like a good plan to me: You're allowed to kill an attacker as long as you (say you) said "please stop".
"Doty said the family plans to dub any potential legislation as Mills Bill in honor of his nephew. They want state law to mandate that people call 911 or alert police before shooting in self-defense, he said."
Yes, let's dub it the "Mills Family Burglar and Mugger On-The-Job Protection Act". Must restrain those potential victims from resisting their predators too strongly, or how will these said predators be able to feed their families, or drug habits, or whatever appetites rule over them?
I don't live in Indiana, but have a few friends who do. I hope they will make this suggestion to their state Rep or Senator, and then if it sticks, let's see how many in the legislatures will vote for it. Sometimes, labeling is everything; I think this is one of those times.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.