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Court affirms convictions of man who shot at teenagers

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A Porter County man who shot at four teenagers near his property at night because he claimed they were trying to break into his home is not entitled to a new trial, the Indiana Court of Appeals ruled.

Donald Gregory Huls appealed his convictions of Class D and Class C felony criminal recklessness. Huls was outside his home around midnight when he began shooting in the direction of four teens walking near his property along a highway on the way to a convenience store. A bullet hit one of the teens in the leg. Even after the teens yelled that they were leaving, he fired again. Huls then called 911 and told the dispatcher he shot at people trying to break into his home.

He claimed on appeal he was entitled to a mistrial based on prosecutorial misconduct because during a witness testimony, the state objected to Huls attempting to show the witness a copy of Huls’ statement by saying “the defendant is here to testify.” Huls argued that the prosecutor improperly commented upon his failure to testify in violation of his privileges against self-incrimination.

The Court of Appeals found that the statement was isolated in nature and it didn’t appear that the prosecutor was trying to prejudice the jury to deprive Huls of a fair trial. The judges also affirmed the rejection of Hul’s proposed jury instructions on self defense and the defense of mistake of fact, finding the instructions either incorrectly stated the law on self-defense or weren’t supported by the evidence.

The judges also disagreed with Huls that the evidence at trial showed he shot at the teens because he believed it was necessary to protect himself and his property. The teens never entered his property, he opened fire without identifying his target, and he continued to shoot even after one of the teens shouted at Huls to stop firing and that they were leaving. Police found 14 shell casings on Huls’ property from that night.

 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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