***MEDIA ADVISORY***

FOR IMMEDIATE RELEASE: November 10, 2015

CITIZEN SHOOTING AT SHOPLIFTERS DRAWS RECKLESSNESS CHARGE

Media Contact: Curtis T. Hill, Jr. (574) 296-1888

On Monday, October 12, 2015, two men were observed exiting the Big R Store on South Main Street, Elkhart, with unpaid merchandise. Several employees as well as Norman Reynolds, 60 of Elkhart, pursued the fleeing men who were observed to enter a small truck and begin to pull away. At that time, Reynolds produced a semi-automatic hand gun and fired once at the truck striking the exterior of the passenger compartment. It would appear that no one was physically injured during the encounter and Reynolds did have a license to possess the firearm.1

The Elkhart Police Department conducted an investigation into the matter and on October 26, the Office of the Prosecuting Attorney received preliminary information into the investigation. After reviewing the investigation material, the Office of the Prosecuting Attorney has this day filed formal charges of Criminal Recklessness by means of a Deadly Weapon and Pointing a Firearm, against Norman Reynolds, based upon his conduct during the October 12, 2015 incident. Criminal Recklessness with a Deadly Weapon and Pointing a Firearm are both Level 6 felonies and each offense is punishable by up to six (6) months to two and one-half (2 ½) years in prison and up to a $10, 000.00 fine.

The investigation shows that an alleged crime was in progress when Reynolds took action. However, his alleged conduct was unreasonable and created a significant risk of harm not only toward the intended target but also to potential bystanders. Reynolds was determined to be in lawful possession of a firearm however, lawful possession does not give license to use a firearm contrary to law.

While laws regarding the use of force are intended to allow means for protection of citizens from unlawful attack upon person or property, the law does not encourage the use of force in all situations. Any use of force must be reasonable under the circumstances and deadly force in particular, is generally limited to those circumstances whereby a dangerous threat is imminent.

The filing of this charge is in no way intended to assert that Mr. Reynolds set out to violate the law or that he intended to create a dangerous situation. To the contrary, by all appearances he thought that he was being helpful. However, his method of “helping” was also reckless under the law and could have resulted in grave consequences.

The Office of the Prosecuting Attorney has requested that the Court issue a summons directing Reynolds to appear for initial hearing in this matter, with all future proceedings to be heard in Elkhart Superior Court No. 4.

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“Under Indiana law, all persons arrested for a criminal offense are innocent until proven guilty in a court of law.”