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Judges affirm criminal recklessness conviction

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Someone shooting at a residence, for purposes of a criminal recklessness prosecution, may create a substantial risk of bodily injury to another person even if the resident is away from the home at the moment of the shooting, the Indiana Court of Appeals held in a first impression case.

Kenneth Tipton shot at police who arrived at his home to arrest him on suspicion of domestic battery. Some of the shots hit the house of Adam Mullis and his wife, who were not home at the time. Tipton was convicted of Class C felony criminal recklessness, dealing in marijuana and being a habitual offender.  

Tipton challenged his criminal recklessness conviction, arguing that the state didn’t prove the element “substantial risk of bodily injury to another person” because the Mullises weren’t home when the shots were fired.

The judges found Tipton’s acts did create a substantial risk of bodily injury to the couple. Tipton claimed that the house was not an “inhabited dwelling” as the statute requires since the Mullises weren’t home. The appellate court pointed out that it’s never addressed whether a dwelling remains “inhabited” when the people who live there are temporarily away from the home, but it cited decisions from other jurisdictions that are instructive.

“We adopt the reasoning of those courts that have held the fact the occupants of a house were not physically present does not lessen the risk of danger to others or the recklessness of his behavior and that shooting at a structure currently used as a dwelling poses a great risk or ‘high probability’ of death. We accordingly hold a residence may be ‘inhabited’ for criminal recklessness purposes if someone is likely to be inside,” Judge Melissa May wrote in Kenneth S. Tipton v. State of Indiana,
47A01-1201-CR-4.

 

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  • Stupid!
    This has to be the most stupid court decision I have ever heard. Endangering a person that is not there because they adopt reasoning of another stupid court! Ever hear of using common sense? GOD HELP US!!!

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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