Muncie home invasion robbery shooting be interesting

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  • AndersonIN

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    Talk about all sorts of issues coming into play!!!

    Legal shoot or not?

    Muncie police: Would-be intruder shot dead

    MUNCIE – City police say a Muncie man was fatally shot early Wednesday while he was trying to stage an armed invasion of an eastside apartment.

    Scott Allen Gilliam, 26, was pronounced dead at the scene of the shooting, in the 1500 block of East Washington Street, Delaware County Coroner Scott Hahn said.

    An autopsy conducted at IU Health Ball Memorial Hospital confirmed Gilliam died as a result of a single gunshot wound in the head.

    According to Muncie police Sgt. Mike Engle, Gilliam and another man – who has yet to be identified – were trying to kick in the front door of an apartment when the shooting took place.

    Engle said the occupant of the apartment – Cornell Lamont Strong II, 27 – has a video surveillance system, and was able to see two men with firearms – one with a handgun, the other a long gun – were trying to gain entry.

    Strong fired two gunshots through his front door in a bid to scare off the intruders, the police sergeant said. One of the bullets struck Gilliam.

    Police received a report of shots fired about 3 a.m. near Main and Lincoln streets, and searched the area, but found nothing.

    After sunrise, however, an anonymous call brought officers back to the 1500 block of East Washington, where Gilliam was found dead in the yard.

    Hahn said he was called to the scene about 8 a.m.

    City police questioned witnesses and conducted related searches for much of Wednesday.

    Strong was not arrested in connection with the shooting. Deputy Prosecutor Zach Craig said his office would later review all reports stemming from Gilliam’s death and determine what charges, if any, are appropriate.

    Strong was arrested, however. Engle said authorities found about a pound of marijuana in Strong’s apartment, and he was preliminarily charged with dealing in marijuana, possession of marijuana and maintaining a common nuisance. He was being held in the Delaware County jail on Wednesday night under a bond of $11,000.

    The Muncie man’s criminal record includes convictions for carrying a handgun without a license, false informing and driving while intoxicated.

    Gilliam, meanwhile, had been convicted of theft four times.

    Engle said detectives were investigating a possible link to the events on East Washington Street and an armed home invasion in the 1800 block of South Penn Street about 2 a.m. Wednesday.

    In that case, he said, two men kicked in the front door of a residence, but fled when the home’s occupant greeted them with several gunshots.

    Contact news reporter Douglas Walker at (765) 213-5851. Follow him on Twitter: @DouglasWalkerSP.
     
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    RMC

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    Police say Scott Allen Gilliam tried to stage an armed invasion in the middle of the night.



    636100434909448637-20160921-081903.jpg
    Buy Photo
    (Photo: Phil Beebe / The Star Press)


    MUNCIE – City police say a Muncie man was fatally shot early Wednesday while he was trying to stage an armed invasion of an eastside apartment.
    Scott Allen Gilliam, 26, was pronounced dead at the scene of the shooting, in the 1500 block of East Washington Street, Delaware County Coroner Scott Hahn said.
    An autopsy conducted at IU Health Ball Memorial Hospital confirmed Gilliam died as a result of a single gunshot wound in the head.
    According to Muncie police Sgt. Mike Engle, Gilliam and another man – who has yet to be identified – were trying to kick in the front door of an apartment when the shooting took place.
    Engle said the occupant of the apartment – Cornell Lamont Strong II, 27 – has a video surveillance system, and was able to see two men with firearms – one with a handgun, the other a long gun – were trying to gain entry.
    Strong fired two gunshots through his front door in a bid to scare off the intruders, the police sergeant said. One of the bullets struck Gilliam.
    Police received a report of shots fired about 3 a.m. near Main and Lincoln streets, and searched the area, but found nothing.
    After sunrise, however, an anonymous call brought officers back to the 1500 block of East Washington, where Gilliam was found dead in the yard.
    Hahn said he was called to the scene about 8 a.m.
    City police questioned witnesses and conducted related searches for much of Wednesday.
    Strong was not arrested in connection with the shooting. Deputy Prosecutor Zach Craig said his office would later review all reports stemming from Gilliam’s death and determine what charges, if any, are appropriate.
    Strong was arrested, however. Engle said authorities found about a pound of marijuana in Strong’s apartment, and he was preliminarily charged with dealing in marijuana, possession of marijuana and maintaining a common nuisance. He was being held in the Delaware County jail on Wednesday night under a bond of $11,000.
    The Muncie man’s criminal record includes convictions for carrying a handgun without a license, false informing and driving while intoxicated.
    Gilliam, meanwhile, had been convicted of theft four times.
    Engle said detectives were investigating a possible link to the events on East Washington Street and an armed home invasion in the 1800 block of South Penn Street about 2 a.m. Wednesday.
    In that case, he said, two men kicked in the front door of a residence, but fled when the home’s occupant greeted them with several gunshots.
    Contact news reporter Douglas Walker at (765) 213-5851. Follow him on Twitter: @DouglasWalkerSP.
     

    T.Lex

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    Generally, in my experience, prosecutors in Indiana are reluctant to file charges for shooting through a door if the shoot would be justified if the resident had waited for the bad guys to bust through. It isn't anything technically legal, and I'm sure they're uncomfortable with the shooting-through-the-door part.

    I think it is a recognition that most juries in Indiana won't expect someone to wait to do an otherwise justified shooting.
     

    FWJK

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    I assume he has them on video staging the break in since he saw it ahead of time on surveillance. Though clearly the reason he had surveillance is that he was a drug dealer.
     

    T.Lex

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    Is one allowed legal self-defense if one is in the midst of a "criminal enterprise"?

    Yes, mostly.

    If it was a setup "Hey guys, wouldn't it be funny if you came over to my place with your gunz and pretended to break in..." that'd be different.
     

    Fargo

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    Home invasion robberies and burglaries are an occupational hazard of being a drug dealer. Getting shot by a drug dealer is an occupational hazard of robbing or burglarizing drug dealers.

    I call this a win win. A drug dealer has had a crimp thrown in his dealing drugs and hopefully has learned his lesson, a home invader won't be breaking into any more homes, and hopefully another home invader will be apprehended and incarcerated for a long time.
     

    Kutnupe14

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    I assume he has them on video staging the break in since he saw it ahead of time on surveillance. Though clearly the reason he had surveillance is that he was a drug dealer.

    Clearly, money well spent
     

    T.Lex

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    Maybe we should start regulating surveillance cameras, since they are so associated with drug dealing. Assault cameras are particularly bad.
     

    printcraft

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    Leaving everything else out..... and taking just the fact that he was defending himself from a criminal assault.... yeah, no charges and he walks free on the killing the criminal part... at least with me on the jury.
     

    Tactically Fat

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    Yes, mostly.

    If it was a setup "Hey guys, wouldn't it be funny if you came over to my place with your gunz and pretended to break in..." that'd be different.

    I would've sworn there was some kind of caveat/nuance in the I.C. that made the claim of "self defense" a moot point if one was in the midst of breaking the law at the time. Perhaps that has more to do with assault than in this instance.

    Please note - I'm not stating that I think his self defense claim is somehow illegitimate. Even scum bags (alleged! There, Kirk. Happy?) should be afforded the right of self defense...generally speaking.
     

    Fargo

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    I would've sworn there was some kind of caveat/nuance in the I.C. that made the claim of "self defense" a moot point if one was in the midst of breaking the law at the time. Perhaps that has more to do with assault than in this instance.

    Please note - I'm not stating that I think his self defense claim is somehow illegitimate. Even scum bags (alleged! There, Kirk. Happy?) should be afforded the right of self defense...generally speaking.
    35-41-3-2(h)(1) and (g)(1) is what you are looking for. There is case law which says that unless the need to use force was somehow directly related to the crime being committed or escaped from, one retains ones right to self-defense even though the code kind of says you don't.

    (h) Notwithstanding subsection (f), a person is not justified in using force if the person:
    (1) is committing, or is escaping after the commission of, acrime;


    As I recall the caselaw, the homeowner would definitely retain his right of self-defense, despite being in the commission of the offense of possessing marijuana.
     
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    rhino

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    Generally, in my experience, prosecutors in Indiana are reluctant to file charges for shooting through a door if the shoot would be justified if the resident had waited for the bad guys to bust through. It isn't anything technically legal, and I'm sure they're uncomfortable with the shooting-through-the-door part.

    I think it is a recognition that most juries in Indiana won't expect someone to wait to do an otherwise justified shooting.

    Especially if the occupant has video that allows them to see and assess the threat outside.

    If you see guys with guns trying to break down your door, it would be foolhardy to wait for them to succeed in gaining entry.
     

    AndersonIN

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    Wonder how the courts would look upon it if you put a "frickn' laser" on your front door. That way you could use it and your camera to better judge your shot placement through the door? Of course asking for a friend of mine!!
     
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    cosermann

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    ... If you see guys with guns trying to break down your door, it would be foolhardy to wait for them to succeed in gaining entry.

    Indeed. Unless one's door is sufficiently reinforced, entry is just a matter of time - and not all that much in many cases. Lots of apartments have pretty flimsy doors, locks, etc.
     

    SSGSAD

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    Especially if the occupant has video that allows them to see and assess the threat outside.

    If you see guys with guns trying to break down your door, it would be foolhardy to wait for them to succeed in gaining entry.

    So, in Indiana, if you have a camera, and see someone, with a gun, breaking in, you can shoot thru the door, and be ok ?????

    I am talking about all of us, tax paying, law abiding citizens .....
     
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