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Criminal recklessness code covers firing gun into car

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A car is a “place people are likely to gather,” the Indiana Court of Appeals ruled Tuesday, unanimously affirming a Class C felony criminal recklessness conviction and eight-year sentence for a man who fired a gun into car in which a former gang ally was a passenger in Goshen.

In Jon E. Garcia v. State of Indiana, 20A04-1202-CR-257, Jon Garcia, a member of the Vatos Locos gang, argued that the court erred in denying his motion for a directed verdict under Indiana Trial Rule 50(A). He also argued that I.C. 35-42-2-2(c)(3)(A) defines criminal recklessness as a Class C felony if “it is committed by shooting a firearm into an inhabited dwelling or other building or place where people are likely to gather.” Garcia argued a car didn’t meet that definition.

“We conclude that a vehicle can be a ‘place’ as contemplated by the criminal recklessness statute,” Judge Michael Barnes wrote in a unanimous opinion. “Further, we have no difficulty holding that a vehicle can be a ‘place where people are likely to gather.’

“As a result, the trial court properly denied Garcia’s motion for directed verdict,” Barnes wrote.



 

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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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