Alert: 3 Inmates from Michigan City Escaped 7/12/09

[rambone]

Alert: 3 Inmates from Michigan City, IN, Escaped 7/12/09

UPDATE: ALL MEN CAUGHT.



Three Inmates Escape from Indiana State Prison

Indiana Department of Correction officials said the men were discovered missing about 10 a.m. Sunday. The three escaped by getting past bars in the tunnels and pipe chases under the grounds of the maximum-security prison in Michigan City said Department spokesman Doug Garrison.

Two of the inmates did maintenance work in the prison's tunnel system as part of supervised work crews. Garrison said he wasn't sure which two had done the work. The three men were in the same housing unit but it's unclear how they knew each other, Garrison said. Prison officials were talking to people who knew the inmates, including people on their visitation or e-mail lists and family and friends.

Smith, Booher and Battreal started serving time in the late 1990s and all faced at least 30 more years behind bars.

The Indiana State Prison remained on lock down Monday morning.

Two are murderers and one is a rapist.

Mayor Daley's security guard catches prison escapee in Michigan

UPDATE: One inmate caught, nearby residents told to be on guard

One of three inmates who escaped from the Indiana State Prison in Michigan City has been caught in a nearby southwestern Michigan town by a security guard for Chicago Mayor Richard Daley.

Now, residents in the area are being told to stay inside, lock their doors, and be on the lookout for another escapee. This applies to everyone living in the following areas: Grand Beach, Forest Beach, and New Buffalo Township.

Grand Beach, Michigan Police Chief Dan Schroeder said two of the inmates were spotted in the town and Charles Smith, 48, was taken into custody.

Now, police are looking for Mark Booher, 46, who was spotted with Smith. Officials say Booher is wearing a white shirt, gray sweats, has blue shorts over those sweats, and is carrying a white bag. He was last spotted heading southeast.

A third inmate, 45-year-old Lance Battreal, is also still on the loose.

Helicopters are in the area, as well as sniffing dogs to help in the search for the two men.

Meantime, police say Smith did not resist arrest but he also would not talk about any of the escape plans. Right now, it appears the three escaped the maximum security prison by traveling in tunnels under the prison grounds.

Smith was captured early Monday morning.

Grand Beach police officer got a call before 7 a.m. reporting that a private security for Chicago Mayor Richard Daley was holding Smith at gunpoint in a private driveway near the mayor's house, which is about eight miles from the prison.

Smith is originally from New Castle and was convicted of murder. Booher was also serving a sentence for murder, while Battreal was serving time for rape.
We have a crew in the area and will bring you more information as it becomes available.

 

[rambone]

Fleeing Felon Rule in Indiana?

Anybody know if Indiana observes the "Fleeing Felon Rule" ? The way I understand it, the states that have this rule allow the use of force, including deadly force, to stop a felon who is in flight. Maybe someone can clarify.

 

[K_W]

I think it's funny that one of the most anti-gun mayor's own ARMED bodyguards apprehended the fugitive.

 

[Prometheus]

Anybody know if Indiana observes the "Fleeing Felon Rule" ? The way I understand it, the states that have this rule allow the use of force, including deadly force, to stop a felon who is in flight. Maybe someone can clarify.

Anyone "actively engaged" in apprehending escaping prisoners is justified in using deadly force. Including shooting a fleeing escapee in the back. This covers Jailers/ Guards, LEO's, anyone deputized, posse's ect. ect.

The average Joe off the street who sees them? I'm not exactly sure if that would pertain to them.

However, state law allows citizens to use deadly force to prevent several different crimes in progress and a escapee is "in progress" and is a "felony" so you should be covered in using deadly force to stop the escapee under those separate laws. Most people naively think Joe-citizen can only use deadly force to "prevent great injury or death". That simply isn't true in most states, including Indiana.

Honestly, if you confront a escapee, your word is going to trump that of a escaped convicted murdering rapist in virtually ever circumstance here in Indiana.

I'm not a lawyer, but the burden of proof is on the State to prove you were in the wrong... I seriously doubt many prosecutors would try and take on that task in these circumstances.

 

[jeremy]

Sooo...
Is there a reward?

 

[rambone]

I think it's funny that one of the most anti-gun mayor's own ARMED bodyguards apprehended the fugitive.

Pretty ironic, indeed. Does Michigan observe the right of an Illinois bodyguard to carry? Hmm..

 

[INMIline]

The one on the left looks like Ken Shamrock

 

[hookedonjeep]

The one on the left looks like Ken Shamrock

Ken looks a little haggard...... maybe saw the latest Brock Lesnar fight - dashing his dreams of a comeback!

 

[Phil502]

I think it's funny that one of the most anti-gun mayor's own ARMED bodyguards apprehended the fugitive.

No, not at all. Do as I say, not as I do. Armed guards in Michigan out on the driveway, whats he afraid of raccoons?

 

[SC_Shooter]

Sooo...
Is there a reward?

Yeah, I think Scutter has a nice INGO gun for whoever sends the two of them back to the pokey. If we can't raffle it, let's GIVE it away so someone worthy!

 

[finity]

Anyone "actively engaged" in apprehending escaping prisoners is justified in using deadly force. Including shooting a fleeing escapee in the back. This covers Jailers/ Guards, LEO's, anyone deputized, posse's ect. ect.

The average Joe off the street who sees them? I'm not exactly sure if that would pertain to them.

However, state law allows citizens to use deadly force to prevent several different crimes in progress and a escapee is "in progress" and is a "felony" so you should be covered in using deadly force to stop the escapee under those separate laws. Most people naively think Joe-citizen can only use deadly force to "prevent great injury or death". That simply isn't true in most states, including Indiana.

Honestly, if you confront a escapee, your word is going to trump that of a escaped convicted murdering rapist in virtually ever circumstance here in Indiana.

I'm not a lawyer, but the burden of proof is on the State to prove you were in the wrong... I seriously doubt many prosecutors would try and take on that task in these circumstances.

IC 35-41-3-3
Use of force relating to arrest or escape
Sec. 3. (a) A person other than a law enforcement officer is justified in using reasonable force against another person to effect an arrest or prevent the other person's escape if:
(1) a felony has been committed; and
(2) there is probable cause to believe the other person committed that felony.
However, such a person is not justified in using deadly force unless that force is justified under section 2 of this chapter.

No. Joe Average can't use deadly force to capture an escapee unless that escapee threatens him with SBI. You can't shoot them in the back as they're running away.