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Wednesday, June 25, 2008

Ind. Law - More on: "Lawyer says driver is devastated by shooting: Woman had no choice, he said"

Updating this ILB entry from June 21st, Michelle Day of the Louisville Courier Journal reports today under the headline: "Grand jury to assess shooting: Road-rage case is 'too close to call'". Some quotes:

A panel of six grand jurors and one alternate will be convened July 9 by Circuit Judge Abe Navarro, the court clerk's office said.

[County Prosecutor Steve] Stewart said the actions of everyone involved in the incident -- including those of Parrish's 15-year-old son, who was a passenger in her vehicle -- will be reviewed by the grand jury. At least one witness told police that the teenager kicked Mosier after he was shot.

Under Indiana law, the use of deadly force against another person requires a reasonable belief that the action was necessary to prevent serious bodily injury or death, with no duty to retreat.

Stewart said he rarely asks for a grand jury to determine whether charges should be brought but decided it was appropriate to get community input in this case because it's "too close to call."

But Darryl Mosier, Wesley Mosier's brother, said yesterday that the tactic was a way to sidestep making a decision.

Posted by Marcia Oddi on June 25, 2008 09:02 AM
Posted to Indiana Law