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Prosecutors rule shooting death a justified homicide (IN)
Kokomo Tribune ^ | June 11, 2014 | Carson Gerber

Posted on 06/11/2014 4:02:53 PM PDT by digger48

PERU – Miami County prosecutors won’t bring charges against a man who they say shot and killed an intruder who attacked him with a baseball bat.

Andrew Baldwin used a handgun to shoot 30-year-old Donny Sturgill, Peru, on Saturday after he told deputies Sturgill smashed out a front door window and hit him with a baseball bat to collect money he owed him.

Baldwin told deputies Sturgill texted him and his roommate, James Bellar, saying he wanted $200 owed him for a phone bill. Sturgill said if he didn’t receive the money, he would go to their house and beat everyone there.

Baldwin said he feared Sturgill, who served prison time for an aggravated battery in 2001 and was also known to be a member of a prison gang called Maniac Latin Disciples, according to prosecutors.

Baldwin said he borrowed a gun from an acquaintance after receiving the text.

When Sturgill arrived at the residence on the 6400 block of North 400 West, in rural Miami County, deputies say he broke out the window and entered the home without invitation.

Baldwin was waiting in the living room, holding a 9 mm pistol, and told Sturgill to get out of his house, prosecutors said.

Sturgill then swung the baseball bat at Baldwin, which broke his arm. Baldwin responded by firing two shots at Sturgill, striking him in the pelvic area and the heart, prosecutors said.

Sturgill backed up, fell into a wall near a bedroom entrance, pivoted around the doorway and fell between the bed and the wall, prosecutors said.

Baldwin called 911 immediately after the shooting in an attempt to save Sturgill’s life, prosecutors said, and indicated he shot him because he did not want to be hit again.

Miami County Prosecutor Bruce Embrey ruled Tuesday the shooting was a justifiable homicide, citing the “castle doctrine,” which provides that a person may use deadly force to prevent or terminate an unlawful entry into his home.

Embrey also cited Indiana’s self-defense statute which states deadly force is justified when preventing serious bodily injury to yourself or someone else.

The Miami County Sheriff’s Department, Indiana State police and the Miami County Prosecutor’s Office conducted the investigation.

Embrey said his determination is subject to any new evidence that may come from future reports.


TOPICS: Local News; Miscellaneous
KEYWORDS:
This is an update to an article I posted on Sunday

http://www.freerepublic.com/focus/f-chat/3165194/posts

In that thread, one of the people who know the perp created an account here(comment #19) to blast FReepers for their insensitivity and defend the recently deceased.

It's my hope they see this on Google and return to defend their comments and Sturgill, who they claim was a good guy who just got dealt a bad hand in life.

 photo peru.jpg

1 posted on 06/11/2014 4:02:53 PM PDT by digger48
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To: digger48

The previous article

http://www.freerepublic.com/focus/f-chat/3165194/posts

“Sturgill had been arrested by deputies last year for allegedly stabbing a Denver man in the chest and face. He was arrested again in March on charges of domestic battery and criminal recklessness with a deadly weapon.”


2 posted on 06/11/2014 4:04:52 PM PDT by digger48
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To: digger48
Baldwin was waiting in the living room, holding a 9 mm pistol, and told Sturgill to get out of his house, prosecutors said. Sturgill then swung the baseball bat at Baldwin, which broke his arm. Baldwin responded by firing two shots at Sturgill, striking him in the pelvic area and the heart, prosecutors said.

It doesn't get much more clear-cut than that.

He gave the guy an opportunity to live, and he broke his arm.

3 posted on 06/11/2014 4:09:16 PM PDT by E. Pluribus Unum ("The more numerous the laws, the more corrupt the government." --Tacitus)
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To: digger48

I am wondering who in their right mind would loan a firearm to an acquaintance?


4 posted on 06/11/2014 4:18:17 PM PDT by Red_Devil 232 ((VietVet - USMC All Ready On The Right? All Ready On The Left? All Ready On The Firing Line!))
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To: digger48

You have to be an idiot to borrow money from this guy...


5 posted on 06/11/2014 4:25:58 PM PDT by John123 (US$ - I owe you nothing. Euro - Who owes you nothing.)
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To: ClearCase_guy; ClearBlueSky; Farmer Dean; jazusamo; FreedomPoster; tumblindice; BenLurkin; grame; ..

An Update to the Sunday article I posted.

If any of you missed it, check out comment #19 from a friend of the guy.

http://www.freerepublic.com/focus/chat/3165194/posts?q=1&;page=1


6 posted on 06/11/2014 4:26:10 PM PDT by digger48
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To: Red_Devil 232
I am wondering who in their right mind would loan a firearm to an acquaintance?

To continue this thought: who in their right mind would sell a gun to a complete stranger who just walked into a gun store with money in hand?

If there is no law in Florida against such transfers, it is safer than the completely legal sale over the counter. Per Wikipedia, "Florida law permits private firearms transfers between residents without processing through a Federal Firearms Licensee (FFL)."

7 posted on 06/11/2014 4:27:23 PM PDT by Greysard
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To: Greysard

This is Indiana. I understand the confusion.


8 posted on 06/11/2014 4:30:35 PM PDT by Red_Devil 232 ((VietVet - USMC All Ready On The Right? All Ready On The Left? All Ready On The Firing Line!))
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To: E. Pluribus Unum

He should have fired 1st and not let the perp break his arm with the bat.


9 posted on 06/11/2014 4:31:51 PM PDT by umgud
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To: digger48

But he looks like such a nice guy.


10 posted on 06/11/2014 4:32:33 PM PDT by Hardastarboard (Please excuse the potholes in this tagline. Social programs have to take priority in our funding.)
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To: digger48

Looks like Donny was the salt of the earth according to his buddy, just don’t let him near a baseball bat. Don’t think his buddy had any of the facts.

Thanks for the ping.


11 posted on 06/11/2014 4:37:20 PM PDT by jazusamo (Sometimes I think that this is an era when sanity has become controversial: Thomas Sowell)
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To: Greysard

A prison tattoo of teardrop under the eye means one thing. Yeah, a real nice guy.


12 posted on 06/11/2014 4:44:18 PM PDT by circlecity
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To: Red_Devil 232

Depends on how good the friend is, and the circumstances. Firearms that have no connection to me....and that is a right we have in Ohio, and I think also in Indiana.


13 posted on 06/11/2014 6:37:46 PM PDT by GGpaX4DumpedTea (I am a Tea Party descendant...steeped in the Constitutional Republic given to us by the Founders)
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To: E. Pluribus Unum
Baldwin was waiting in the living room, holding a (borrowed) 9 mm pistol

How is this not "lying in wait"?

14 posted on 06/13/2014 9:40:09 AM PDT by a fool in paradise (The new witchhunt: "Do you NOW, . . . or have you EVER , . . supported traditional marriage?")
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To: a fool in paradise

Dude, that thread was months ago. You need to find something to keep yourself occupied. Idle minds are the devil’s workshop.


15 posted on 06/13/2014 10:44:09 AM PDT by E. Pluribus Unum ("The more numerous the laws, the more corrupt the government." --Tacitus)
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To: E. Pluribus Unum

“Kokomo Tribune ^ | June 11, 2014 | Carson Gerber”

Thread seems current to me.


16 posted on 06/13/2014 10:53:50 AM PDT by a fool in paradise (The new witchhunt: "Do you NOW, . . . or have you EVER , . . supported traditional marriage?")
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To: a fool in paradise

Are you so dim that you don’t know those porn sites just scrape content from other sites it and post it as their own?


17 posted on 06/13/2014 10:59:02 AM PDT by E. Pluribus Unum ("The more numerous the laws, the more corrupt the government." --Tacitus)
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To: a fool in paradise
Baldwin was waiting in the living room, holding a 9 mm pistol, and told Sturgill to get out of his house, prosecutors said.

Interesting how you deleted the part about Mr. Baldwin telling Mr. Dead Guy to get out of his house.

Mr. Dead Guy had plenty of opportunity to not be Mr. Dead Guy

Mr. Dead Guy also broke Mr. Baldwin's arm before Mr. Baldwin shot him.

Was Mr. Baldwin supposed to wait until Mr. Dead Guy killed him before defending himself?

18 posted on 06/13/2014 11:04:25 AM PDT by E. Pluribus Unum ("The more numerous the laws, the more corrupt the government." --Tacitus)
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To: E. Pluribus Unum
Facts. All you got on your side is facts.

Well, OK, and the law. All you got on your side is facts and the law.

19 posted on 06/14/2014 4:48:46 AM PDT by Mr. Lucky
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