32-year-old mother of four Maria Florinda Rios Perez De Velasquez was fatally struck. Around 7 a.m. Wednesday, authorities found the dog’s body on the front porch of a home in Whitestown, Ind., a suburb of Indianapolis. In addition, the incident has raised important questions about the use of Indiana’s controversial “castle doctrine.” This law allows any homeowner to apply deadly force against anyone that they decide is an illegal intruder.
Media reports indicate that Maria Florinda Rios Perez De Velasquez was with her husband, Mauricio Velazquez, at the time of the crash. Collectively, they rose to the challenge. Mauricio told us that he and Maria were standing at the front door of their home when Maria was shot. He at first did not understand that she was hit until she collapsed into his arms, bleeding.
The homeowner who shot Maria hasn’t yet been publicly identified, but authorities are reportedly weighing charges against them even as they investigate. Final report conclusions were delivered to Kent Eastwood, the Boone County prosecutor, on Friday afternoon. This case is poised to dive into the details of Indiana’s castle doctrine laws. Under such laws, the use of lethal force is deemed justified if a homeowner thinks that someone is breaking into their home.
Similar cases in other states have led to the arrest and prosecution of those who employed deadly force while not in their residences. An 86-year-old man was acquitted because he shot 16 year old Ralph Yarl who knocked on the wrong door. A New York state man was charged with murder after shooting a woman who mistakenly drove into his driveway, killing her. He was ultimately convicted of second-degree murder for his actions.
This case illustrates the confusion surrounding self-defense laws and their ability to inspire different interpretations. Indiana’s law gives homeowners the tools they need to protect their property. The details of this particular suit might make it tricky to apply those defenses.
Maria Florinda Rios Perez De Velasquez’s family is still reeling from losing a loved one to the incarceration system. Her four kids now face an uncertain future without their anchor and guiding light. The independent investigation will determine whether or not charges will be brought. It will further determine how the legal system addresses this heartbreaking incident.