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\nThe Left Never Sleeps<\/p>\n
\nThe Left Never Sleeps<\/p>\n
3 v 1 and the good guy wins.<\/span> INDIANAPOLIS, Ind. — Prosecutors in Marion County have decided a man who killed a burglar during a home break-in will not face criminal charges.<\/p>\n The shooting is protected by Indiana’s self-defense statute, commonly referred to as the state’s stand-your-ground law.<\/p>\n The shooter is the son of the homeowner and was being asked to protect the property. Prosecutors say the shooting appears to be a justifiable case of self-defense.<\/p>\n The incident began when a 59-year-old woman reported a burglary at a home she owns in the 6400 block of Winslow Drive on the south-east side. That home, according to court documents, was recently sold with the closing date scheduled for Friday.<\/p>\n On Thursday prosecutors believe Ricky Cartmel pried open the front door just after sunset and was shot and killed by a homeowner\u2019s son.<\/p>\n \u201cIt\u2019s important to see how much the homeowner did before he shot. He had a friend call 911. He yelled out warnings. He told them to go away and only all that, he resorted to lethal force. It\u2019s exactly how stand your ground should work,\u201d said attorney John Tompkins.<\/p>\n Attorney Tompkins isn\u2019t connected to the case, but agrees with the decision not to charge the homeowner\u2019s son with a crime.<\/p>\n But two suspects who survived the shooting Thursday \u2014 identified by police as brothers Benjamin Gardner, 47, and Kevin Lemaster, 40 \u2014 are now facing two counts of burglary and one count of felony murder.<\/p><\/blockquote>\n Read the rest of the article here: Fox 59<\/a> District Attorney Makes the Right Call<\/span> by KTVL “Under Oregon law a person is justified in using deadly physical force when that person reasonably believes that the person upon whom force is used, is committing or attempting to commit a burglary in a dwelling. The Frost’s home is a dwelling,” the official statement from Mulkins’ office declares.<\/p>\n On a Wednesday evening, on October 24th, Frost and his wife were watching television in their living room at home on Foothill Blvd. At approximately 6:20 p.m. Robert Barry, 58, walked onto the Frost property. As Barry approached the home, the Frost’s dogs began barking outside. Mrs. Frost looked out her front window and saw Barry walking up the driveway toward her home. She stepped onto her front porch to ask Barry what he wanted and what he was doing. According to the Mulkins’ report, Barry did not answer, but continued walking toward the house.<\/p>\n The Frosts did not know Barry, and say that based on his appearance, they believed he was a transient, and that it appeared that Barry was under the influence of controlled substances.<\/p>\n According to the report released by the District Attorney’s office, Barry then attempted to climb up and onto the front deck of the Frost home. He was unable to climb up onto the deck, so he began walking along the fence in the Frost’s yard until he got to the gate. Barry opened the gate, and started walking into the Frost’s yard toward the house.<\/p>\n It was then that Mrs. Frost went inside the house to call 911. Mr. Frost, who walks with a cane, repeatedly told Barry to leave their property, but Barry did not respond. Mr. Frost then warned Barry that he was armed with a gun. According to Mr. Frost, he was in fear of his safety, and feared for his wife’s safety – afraid that Barry would try to enter their home.<\/p>\n As Mr. Frost repeated his warnings, Barry continued to walk towards him and his home. Mr. Frost was standing on his deck, ten feet from his front door. When Barry got within ten feet of Mr. Frost, Mr. Frost shot Barry two times. Barry was roughly 20 feet from the front door of the Frost home. When the shots were fired, Mrs. Frost was on the phone with 911.<\/p><\/blockquote>\n ~~~~~<\/p>\n An autopsy performed on October 26th, 2018 found three substances in Barry’s urine: Buprenorphine, Cyclobenzaprine, and Diphenhydramine.<\/p><\/blockquote>\n
\nIndy man won\u2019t be charged for killing intruder<\/strong><\/p>\n
\n1 \/ 2 \/ 0<\/p>\n
\nUpdate-<\/em> Fatal, self-defense shooting ruled justified by District Attorney<\/strong><\/p>\n
\nJOSEPHINE COUNTY, Ore. \u2014 After reviewing the investigation into an October 2018 shooting in Grants Pass, where an elderly man shot a stranger on his deck in what he claims was self-defense, Josephine County District Attorney Ryan Mulkins has ruled that resident Alan Frost, 77, was justified in his use of force. Each instance of physical or deadly force is analyzed on a case-by-case basis. Furthermore, cases involving self-defense require specific inquiry into the reasonableness of the actions to determined if they are justified.<\/p>\n