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Seizure of guns upheld for ‘dangerous’ man who stalked Spierer site

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A man who behaved erratically, told far-fetched stories of seeing missing Indiana University student Lauren Spierer, and scoped out the place she was last seen alarmed Bloomington police enough that authorities took from him and his Indianapolis home 51 guns and ammunition.

The Indiana Court of Appeals on Tuesday upheld the seizure in a 48-page opinion addressing a matter of first impression: Who may be considered dangerous enough under state law to have weapons taken from them without being criminally charged. Three judges wrote three opinions, but the majority affirmed the taking of Robert Redington’s weapons in Robert E. Redington v. State of Indiana, 53A01-1210-CR-461.

Judge Elaine Brown wrote for the majority that evidence of probative value exists from which Monroe Circuit Judge Mary Ellen Diekhoff could have determined by clear and convincing evidence that Redington was dangerous as defined by I.C. § 35-47-14-1(a)(2)(B), and accordingly it was within her discretion to order the Bloomington Police Department to retain Redington’s firearms pursuant to Ind. Code § 35-47-14-6(b).
 
Brown’s opinion, joined by a concurring opinion from Judge Cale Bradford, opens with eight pages outlining a recitation of Redington’s actions and statements that alarmed authorities. Among them, he drove frequently from Indianapolis to Bloomington, where police found him in a parking garage across the street from Kilroy’s Sports Bar looking at the place Spierer was last seen through a range-finder. He then chatted with police about their propensity with firearms from such distances.

Redington later told authorities he saw spirits, that he’d met Spierer years earlier at a gun range, and that he was investigating her disappearance. Detectives believed he was delusional and took him to IU Health Center in Bloomington. A doctor said Redington suffered from ‘a type of personality disorder called schizotypal,’ and perhaps a paranoid or delusional disorder.

Redington also had been removed multiple times from Kilroy’s, and the record also shows he’d been asked to leave various churches he attended.

During his psychiatric evaluation, officers seized the firearms from his home, and his license to carry a handgun was suspended.

"This case appears to be an issue of first impression, and, as recent events nationwide have demonstrated, poses a question of great public interest," Brown wrote.

“We find that Redington continuing to own firearms threatens to inflict ‘particularized harm’ analogous to tortious injury on readily identifiable private interests.”

Bradford concurred in all respects. “However, I write simply to reiterate that while I have the utmost respect for the constitutionally protected right to bear arms, in the instant matter, I believe that the State met its burden of proving that Redington was ‘dangerous’ as defined by Indiana Code section 35-47-14-1,” he wrote. He noted Redington’s delusional thought patterns that continued despite his taking anti-psychotic medication.

In dissent, Judge Patricia Riley wrote that the state failed to meet its burden under the code that a person is dangerous if he “presents an imminent risk of personal injury” to himself or another. She noted that the psychologist who examined Redington after his involuntary commitment testified that he was released when it was determined he didn’t pose an imminent danger.

“The State provided no further probative evidence establishing otherwise,” Riley wrote. “I would therefore reverse the trial court.”  

     
 

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  1. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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