Man Charged With Killing Deputy No Billed by Grand Jury

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  • VERT

    Grandmaster
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    Jan 4, 2009
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    Got to ask the question. What if this had happened in Indiana? I know there was a lot bad feelings among LEOs about the NRA when they made the changes to our self defense laws a couple of years ago. My interpretation of the law would be that if this had happened in Indiana the occupant of the home could still be tried for murder or man slaughter because to the police were there on legitimate business. A jury might conclude that if a person is bagging dope in their house it is reasonable to assume the police might show up.
     

    caverjamie

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    Oct 24, 2010
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    Dubois Co.
    I'm surprised the guy lived to see a jury. It seems appropriate that he will not be prosecuted for the homicide that he perceived was in self defense, but that he will be prosecuted for the drugs that caused the police to be snooping around in the first place. Regardless of my opinion on the matter, the police still have to enforce the law until the law is changed. We can just disagree on the appropriate method of enforcement...
     

    88GT

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    Mar 29, 2010
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    Got to ask the question. What if this had happened in Indiana? I know there was a lot bad feelings among LEOs about the NRA when they made the changes to our self defense laws a couple of years ago. My interpretation of the law would be that if this had happened in Indiana the occupant of the home could still be tried for murder or man slaughter because to the police were there on legitimate business. A jury might conclude that if a person is bagging dope in their house it is reasonable to assume the police might show up.
    I agree he probably would head to trial, but I don't know that the jury would necessarily conclude that he should have had a reasonable expectation that the surprise entry into his house was anything other than LE executing a search warrant. I wouldn't. You may or may not remember the house on Hamilton in downtown Indy where SEVEN people were murdered, including three or four children. The surprise entry into that home in the early hours of the morning were criminals intent on taking what wasn't theirs because it was known/suspected that at least one of the occupants of the house had cash/drugs in his possession. I would say that the fella in this story would probably be more apt to think someone of a more criminal nature was coming in rather than assume LE was there to make a bust. The article nailed it: no need for the no-knock. Plenty of other chances to take him without instigating a scenario where he felt threatened and had to make a split second decision. It's not like he was going to flush his plants down the loo, was he?

    I'm surprised the guy lived to see a jury. It seems appropriate that he will not be prosecuted for the homicide that he perceived was in self defense, but that he will be prosecuted for the drugs that caused the police to be snooping around in the first place. Regardless of my opinion on the matter, the police still have to enforce the law until the law is changed. We can just disagree on the appropriate method of enforcement...
    That's a matter of debate.
     

    Sgtusmc

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    Jan 10, 2013
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    It has, most notably in Clinton County. Shannon Hollars lost his right arm and then went to prison after trial, granted of new trial on MCE and the reversal of new trial.

    State v. Shannon Hollars: http://www.in.gov/judiciary/opinions/pdf/06030802par.pdf


    That was a knock and announce case where the guy apparently didn't hear the announcements and was awakened in time to fire off a shot in reaction to what was going on.
     

    88GT

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    Just watched the Texas video again. Once thing they never ask, what if the Confidential Informant was wrong?
    I'd be more interested in asking whether the CI's information was all that was used to seek the warrant. Did they have any police work to back up the information, or was this just a case a "he said/issue the warrant?"
     

    Jack Burton

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    Jul 9, 2008
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    NWI
    if i remember correctly the law says that a ci is sufficient unto itself for probably cause. certianly more so than an anonymous tip. And... in this case the ci was somewhat correct.
     

    Whitsettd8

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    Nov 15, 2011
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    Floyd Co
    Whats the typical protocol for a "no knock warrant" ? Is the decision made based on the suspect's history or suspected crime? Just curious
     

    Jack Burton

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    as a note, the defendants attorney is supposedly one of the best defense attorneys in texas. Good lawyers do make a difference.
     

    KW730

    Expert
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    Sep 18, 2012
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    Whats the typical protocol for a "no knock warrant" ? Is the decision made based on the suspect's history or suspected crime? Just curious
    I believe it usually has to do with how readily disposable the evidence they are seeking is as well as how much of a chance there is for the homeowner to resist with force.
     
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