ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share

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.”  

     
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  5. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

ADVERTISEMENT