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COA affirms murder weapon should be destroyed

May 4, 2016

The Indiana Court of Appeals affirmed denial of man’s request to give the weapon he used for murder back to his mother.

David Barany was found guilty of murder in 2006. At that time, the state made an oral motion to destroy the murder weapon, a Colt Python .357 Magnum Revolver. Barany appealed, saying the Python was his mother’s property. The trial court said it is not in the best interest of the residents of Indiana to allow the gun to exist, because it is against public policy to allow the defendant to profit in any way from the weapon he used in the murder.

The COA upheld the trial court in an opinion written by Judge Melissa May. She wrote that although Indiana Code does allow weapons to be returned to owners after trial, it does not require they be returned to people to have been convicted of the misuse of firearms. Because the weapon was misused under the code, the trial court did not err when it denied Barany’s request.

The case is David D. Barany v. State of Indiana, 17A04-1510-CR-1734.

 

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