Scenario: Could I have detained this man?

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  • Ness2k

    Marksman
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    0   0   0
    Dec 26, 2008
    265
    16
    China ^_^
    Let me start by saying that I am the bigger man, not the type to be easily angered (thank you US Army for some self control!), and simply let it go and filed a police report.

    I went to Walmart in Schererville yesterday evening with the girlfriend and drove her beater car, a 4th gen VW Beetle, which means I can park it wherever I wish, and not worry about people opening their doors or rolling carts into it. It is driven by a woman, so it has it's fair share of dings already. The parking lot is partially closed down, but I found a nice spot up front that had a newer Mercedes with big chrome wheels (read thug) taking up two spots. It was not blocking my usage of the spot in such a small car, so I parked next to it and we continued our business.

    On the way out, we were one hundred feet or so behind a couple who walked to the Mercedes. The guy had a lapse of judgment and took something out of his trunk, and started running around her Beetle doing something to the windows and doors. I hit the alarm button on the keys, and he turned around and looked at me. He was about 5'2, 120lb, very ghetto, but obviously not going to start anything with me. I'm 5'10 and about 90lb heavier than him, and rather muscular. I might seem physically intimidating to the average Joe.

    His wife started apologizing profusely, telling me that she would clean it up. I told him he needs to find something and clean off her car, but instead of grabbed his wife violently by the back of the neck, opened the rear door of his car, and pushed her in. He then jumped in his car and took off.

    I called the police, told them about a man vandalizing my car, and an officer came out. The officer sympathized with me about how men shouldn't mess with other people's vehicles, and I told him that it was either I call them, or I get angry at the man. Honestly, the officer was nearly in tears laughing about the situation.

    After the man hurriedly drove away, I checked the car, and he had taken a stick of deodorant to the windows and doors. Non-damaging, and didn't require more than a minute of wiping off with baby wipes.

    My question to INGO:

    Could I have rightfully detained (forcefully or not) someone who was vandalizing my vehicle? I obviously would not have held him at gun point, but it wouldn't have been much effort to toss him to the ground and keep him there.

    I know that if I saw him using physical force to damage the vehicle or a spray painting it, I would have, no questions asked. All I saw was him running around it leaving a white substance near his hand.

    I believe I did the best thing in my judgment at the time, but I am a crazy Vet and I wonder what would have happened if I lost my cool and held him there.

    Teal deer cliffs:
    1) Man wipes unknown substance on my vehicle, refuses to wipe it off and flees the scene
    2) I call police
    3) I ask if I can non-violently detain someone in a scenario like this


    Thank you.
     

    Tripp11

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    Jan 3, 2010
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    Fishers, IN
    IMO, you did the right thing. You were a good witness and probably even took down the guy's license plate before he pulled off. After calling the authorities, the rest would be in their hands; however, if some damage would have occurred to your vehicle, I assume you would have filled out a report and went thru with pressing charges against the individual.
     

    Frank_N_Stein

    Grandmaster
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    Nov 24, 2008
    10,248
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    Beech Grove, IN
    For it to be considered vandalism, there has to be some sort of damage. Just spreading deodorant on your doors and windows doesn't meet the criteria.

    IC 35-43-1-2
    Criminal mischief; penalties
    Sec. 2. (a) A person who:
    (1) recklessly, knowingly, or intentionally damages or defaces property of another person without the other person's consent; or
    (2) knowingly or intentionally causes another to suffer pecuniary loss by deception or by an expression of intention to injure another person or to damage the property or to impair the rights of another person;
    commits criminal mischief, a Class B misdemeanor. However, the offense is:

    (A) a Class A misdemeanor if:
    (i) the pecuniary loss is at least two hundred fifty dollars ($250) but less than two thousand five hundred dollars ($2,500);
    (ii) the property damaged was a moving motor vehicle;
    (iii) the property damaged contained data relating to a person required to register as a sex or violent offender under IC 11-8-8 and the person is not a sex or violent offender or was not required to register as a sex or violent offender;
    (iv) the property damaged was a locomotive, a railroad car, a train, or equipment of a railroad company being operated on a railroad right-of-way;
    (v) the property damaged was a part of any railroad signal system, train control system, centralized dispatching system, or highway railroad grade crossing warning signal on a railroad right-of-way owned, leased, or operated by a railroad company;
    (vi) the property damaged was any rail, switch, roadbed, viaduct, bridge, trestle, culvert, or embankment on a right-of-way owned, leased, or operated by a railroad company; or
    (vii) the property damage or defacement was caused by paint or other markings; and
    (B) a Class D felony if:
    (i) the pecuniary loss is at least two thousand five hundred dollars ($2,500);
    (ii) the damage causes a substantial interruption or impairment of utility service rendered to the public;
    (iii) the damage is to a public record;
    (iv) the property damaged contained data relating to a person required to register as a sex or violent offender under IC 11-8-8 and the person is a sex or violent offender or was required to register as a sex or violent offender;
    (v) the damage causes substantial interruption or impairment of work conducted in a scientific research facility;
    (vi) the damage is to a law enforcement animal (as defined in IC 35-46-3-4.5); or
    (vii) the damage causes substantial interruption or impairment of work conducted in a food processing facility.
    (b) A person who recklessly, knowingly, or intentionally damages:
    (1) a structure used for religious worship;
    (2) a school or community center;
    (3) the grounds:
    (A) adjacent to; and
    (B) owned or rented in common with;
    a structure or facility identified in subdivision (1) or (2); or
    (4) personal property contained in a structure or located at a
    facility identified in subdivision (1) or (2);
    without the consent of the owner, possessor, or occupant of the property that is damaged, commits institutional criminal mischief, a Class A misdemeanor. However, the offense is a Class D felony if the pecuniary loss is at least two hundred fifty dollars ($250) but less than two thousand five hundred dollars ($2,500), and a Class C felony if the pecuniary loss is at least two thousand five hundred dollars ($2,500).
    (c) If a person is convicted of an offense under this section that involves the use of graffiti, the court may, in addition to any other penalty, order that the person's operator's license be suspended or invalidated by the bureau of motor vehicles for not more than one (1) year.
    (d) The court may rescind an order for suspension or invalidation under subsection (c) and allow the person to receive a license or permit before the period of suspension or invalidation ends if the court determines that:
    (1) the person has removed or painted over the graffiti or has made other suitable restitution; and
    (2) the person who owns the property damaged or defaced by the criminal mischief or institutional criminal mischief is satisfied with the removal, painting, or other restitution performed by the person.

    As to detaining the guy if he actually damaged the vehicle, you have to figure out what constitutes a misdemeanor involving a "breach of peace."

    IC 35-33-1-4
    Any person
    Sec. 4. (a) Any person may arrest any other person if:
    (1) the other person committed a felony in his presence;
    (2) a felony has been committed and he has probable cause to believe that the other person has committed that felony; or
    (3) a misdemeanor involving a breach of peace is being committed in his presence and the arrest is necessary to prevent the continuance of the breach of peace.
    (b) A person making an arrest under this section shall, as soon as practical, notify a law enforcement officer and deliver custody of the person arrested to a law enforcement officer.
    (c) The law enforcement officer may process the arrested person as if the officer had arrested him. The officer who receives or processes a person arrested by another under this section is not liable for false arrest or false imprisonment.
    As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982, P.L.204, SEC.7.

    Keep in mind that an LEO cannot make an arrest for misdemeanor criminal mischief (vandalism) unless the offense was committed in the officer's presence. If the monetary loss reaches the felony level, the officer can make the arrest.
     

    E5RANGER375

    Shooter
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    Feb 22, 2010
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    BOATS n' HO's, Indy East
    i would have provoked him verbaly to try and take a swing at me, then cleaned his clock. remember, walmart and most stores have cameras everywhere, so you have to be careful. i probly would have just cleaned his clock for assaulting his wife or GF. << thats enough for me.
     

    Frank_N_Stein

    Grandmaster
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    Nov 24, 2008
    10,248
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    Beech Grove, IN
    i would have provoked him verbaly to try and take a swing at me, then cleaned his clock. remember, walmart and most stores have cameras everywhere, so you have to be careful. i probly would have just cleaned his clock for assaulting his wife or GF. << thats enough for me.

    IC 35-42-2-3
    Provocation
    Sec. 3. A person who recklessly, knowingly, or intentionally engages in conduct that is likely to provoke a reasonable man to commit battery commits provocation, a Class C infraction.
    As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.32.


    I'll give you cleaning his clock for assaulting his wife/GF, but goading him into a fight just so you can flex your manhood on him is just plain dumb.
     

    Disposable Heart

    Grandmaster
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    246   1   1
    Apr 18, 2008
    5,805
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    Greenfield, IN
    Did perfect man! Always be a good witness first, gunfighter/vigilante second. The idea of self defense is to not get into trouble to begin with. Even if the screw head was keying my car, the idea is to report the issue and wait. Only until actual force against my person is flourished, then and only then would I resort to confrontation.

    I talk to SO many folks that want to be the shiny gun, macho man that takes out the garbage left and right. Those same folks also do not know the law, will either get killed or worse (yes, there is worse) by someone they want to "regulate", arrested and made an example of by a vengerful media. Another route is the route taken by one individual on this board who took it upon himself to avenge what he thought was a crime (albeit a minor and accidental infraction), but in this (and very elaborate and detailed account posted here on the boards) made himself look foolish, arrogant and violent, three images we do not need in regards to firearm ownership. Just because we have the power to kill, doesn't mean we should use it at the drop of a hat.

    You dun' good, you took the high road and STUCK TO IT! :) :yesway:
     

    Ness2k

    Marksman
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    0   0   0
    Dec 26, 2008
    265
    16
    China ^_^
    Frank_N_Stein - Seems like it is risky business to be detaining someone in this situation. It was night time and the parking lot is poorly lit; I didn't have the slightest clue what he had put on the car until he left and I had a chance to investigate. If it had been paint, there would have definitely been enough damage to fall in the misdemeanor category, but like I stated, I wouldn't have known.

    E5RANGER - Not my business or best interest to do that. There was such a size difference no one would have believed he initiated it, and he was shaking in his boots when I confronted him. About his wife/GF: I don't intend to sound like a rude person, but unless it's life or death, I'm not interfering with someone else's life. He might have been scared and in a rush to get out of there, but there's no telling what he was hiding on him that could have escalated the situation.


    Also, I was not able to get his license plate because his trunk was open when he left. Mercedes must have a hell of a spring system back there, because it didn't even wobble when he mashed the gas.
    https://www.indianagunowners.com/forums/members/e5ranger375.html
     

    christman

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    May 27, 2010
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    You should have upped his deodorant move with a :poop: on his Mercedes hood. After all, you were rolling through walmart anyways... Not like anyone would have thought a guy duecin' on a car hood would have been entirely out of the ordinary there.
     

    E5RANGER375

    Shooter
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    Feb 22, 2010
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    BOATS n' HO's, Indy East
    Did perfect man! Always be a good witness first, gunfighter/vigilante second. The idea of self defense is to not get into trouble to begin with. Even if the screw head was keying my car, the idea is to report the issue and wait. Only until actual force against my person is flourished, then and only then would I resort to confrontation.

    I talk to SO many folks that want to be the shiny gun, macho man that takes out the garbage left and right. Those same folks also do not know the law, will either get killed or worse (yes, there is worse) by someone they want to "regulate", arrested and made an example of by a vengerful media. Another route is the route taken by one individual on this board who took it upon himself to avenge what he thought was a crime (albeit a minor and accidental infraction), but in this (and very elaborate and detailed account posted here on the boards) made himself look foolish, arrogant and violent, three images we do not need in regards to firearm ownership. Just because we have the power to kill, doesn't mean we should use it at the drop of a hat.

    You dun' good, you took the high road and STUCK TO IT! :) :yesway:

    assuming a gun would have came into play is stretching it alittle i think. no one said pistol whip the guy and shoot him.

    when did it become wrong to punch someone in the nose when they deserve it in this country?? Its not that you have anything to prove. all of us who carry guns, know what potential power we have, but carrying a gun isnt about power to me. nor is opening a can of whoop ass if need be. someone screwing with my car, and then abusing a woman, is plenty of reason to open a can in my book. sometimes its just about someone deserving some pain and then dishing it out. fighting over a womans love, is being macho and stupid.

    OP, for the record, I think you handled yourself perfectly fine.
     

    Ness2k

    Marksman
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    0   0   0
    Dec 26, 2008
    265
    16
    China ^_^
    assuming a gun would have came into play is stretching it alittle i think. no one said pistol whip the guy and shoot him.

    when did it become wrong to punch someone in the nose when they deserve it in this country?? Its not that you have anything to prove. all of us who carry guns, know what potential power we have, but carrying a gun isnt about power to me. nor is opening a can of whoop ass if need be. someone screwing with my car, and then abusing a woman, is plenty of reason to open a can in my book. sometimes its just about someone deserving some pain and then dishing it out. fighting over a womans love, is being macho and stupid.

    OP, for the record, I think you handled yourself perfectly fine.

    On the Walmart camera, it would have looked like I came out of nowhere and socked a midget for walking around and touching my car. I can't provide a substantial legal defense against a thug that has a video that makes it look like he got jumped.

    I'm all for an ass-whooping instead of legal punishment when it's deserved, but this society doesn't agree with me.

    I must say I believe I held my calm because it wasn't my car, and the GF wasn't pushing the issue, but rather standing back and being a good witness. However, whenever I go somewhere, I park as far as possible from other people, and have not once run into an issue of someone doing something like this. I do believe that in this situation if it were my own vehicle, I would have taken his keys or something :n00b: like that and forced him to clean up his mess.

    This guy was out of the situation within 15 seconds of meeting me. Fight or flight and he picked the GTFO option. For the record, as a responsible gun owner, I didn't once think of harming him with my firearm :laugh: This guy was absolutely no physical threat to me.
     

    sepe

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    Jun 15, 2010
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    Accra, Ghana
    5'2 and 120? Was it Flava Flav?

    It was probably better to NOT start something physically because if he was a thug, I'd put money on him having a gun in the car. He stopped what he was doing and took off. If it isn't something that is going to cause damage to the car, wash it off. You called the police and thats really about all you can do in that situation. Even if he was going to bow up on you, its a lose-lose. If you get beat up by a midget in front of your gf, you look pathetic and if you beat up a midget in front of your gf(even though he was in the wrong) you look like a bully.
     

    remymartin

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    I can't honestly say I would have done the same thing; but in retrospect, I believe you did everything right. Except for driving a Volkswagen.
     

    E'villeGunner

    Sharpshooter
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    Jul 26, 2010
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    Southern Indiana
    For it to be considered vandalism, there has to be some sort of damage. Just spreading deodorant on your doors and windows doesn't meet the criteria.

    IC 35-43-1-2
    Criminal mischief; penalties
    Sec. 2. (a) A person who:
    (1) recklessly, knowingly, or intentionally damages or defaces property of another person without the other person's consent; or





    Wouldn't that fall under "defaces property"??

    I had a similar incident where my son's car was vandalized right in front of my home. The punks took Buehler's BUY LOW stickers and stuck them ALL over the car. I'm talking of maybe a thousand stickers here, I kid you not! One of the kid's worked at the store, so he started out stealing the stickers! A neighbor calls me to tell me about it and I run out and corner one while the other two get away. I held him till the police got there and they took over from there. I am 6ft 6in. tall and weigh 280lbs., he couldve run and I never would have caught him but my showing my Walther to him before he thought of that stopped him. Needless to say he lost his job at the supermarket and lost his chance at college (he was an established state level wrestler). Last I have heard of him is he in the Marines now. Stupid kids!
     

    stephen87

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    The Seven Seas
    Last I have heard of him is he in the Marines now.

    Why is it that vandals always join the Marines, no offense to any Marines. A kid that I went to high school with used to break into my parents' vehicles and vandalize the house (paintballs, eggs, spray paint) and now he's in the Marines. Probably can't run for a damn afer being shot in the leg for egging someone's car. :rolleyes:

    As for the OP's question: I don't think you would have had a right to physically detain but there's nothing like standing behind his car while unloading your cart and waiting for the police. :p In my opinion, you handled yourself well and I commend you for keeping your cool.
     

    Donnelly

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    May 22, 2008
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    You should have upped his deodorant move with a :poop: on his Mercedes hood. After all, you were rolling through walmart anyways... Not like anyone would have thought a guy duecin' on a car hood would have been entirely out of the ordinary there.

    Repped for funniest post of the thread (any maybe the day!)
     

    rmabrey

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    Dec 27, 2009
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    You did the right thing, Like Ranger him man handling his wife would be enough for me to hit him, but you can bet that she would testify that he never touched her. Call it stereotyping if you want buy im just saying
     
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