Drizzt
Member
Family seeks change in self-defense law
By MICHAEL W. HOSKINS
Daily Journal staff writer
[email protected]
April 8, 2005
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.â€
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.â€
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.â€
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.â€
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 pblic backing there is.â€
http://www.thejournalnet.com/Main.asp?SectionID=1&SubSectionID=113&ArticleID=50250
By MICHAEL W. HOSKINS
Daily Journal staff writer
[email protected]
April 8, 2005
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.â€
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.â€
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.â€
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.â€
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 pblic backing there is.â€
http://www.thejournalnet.com/Main.asp?SectionID=1&SubSectionID=113&ArticleID=50250
BTW, why do you think the paper did not list Bruce Mills' prior convictions? 
