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An Indiana prosecutor has charged a homeowner on his front porch earlier this month. Police said the cleaner and her husband had mistakenly shown up to the property in Whitestown, about 20 miles outside of Indianapolis, thinking it was a different address. Neither appeared to enter the residence, according to police.
The homeowner, Curt Andersen, faces one count of voluntary manslaughter, Boone County Prosecutor Kent Eastwood announced at a news conference Monday. Eastwood said his office decided to bring the charge, a Level 2 felony, after determining that shooting did not meet the requirements for protection under Indiana's "stand your ground law" — a self-defense statute that allows individuals to use deadly force in situations where they believe doing so is necessary in order to prevent their own serious bodily injury.
"It is vitally important for the citizens of Boone County to understand that our decision today in no way should be interpreted as a challenge to Indiana 'stand your ground' law, or a person's right to self-defense," said Eastwood. "Based upon the particular evidence and circumstances of this case, we have determined that Curt Andersen's actions do not fall within the legal protections provided by the Indiana 'stand your ground' law."
Eastwood added that the charge "is not about undermining the law," but rather "applying the law to the facts of this case." He said the state's "stand your ground" law did not apply because Andersen "did not have the proper information which would allow him to make the determination that he was reasonable in his actions" when he fired his gun.
Eastwood identified the house cleaner as Maria Florinda Rios Perez de Velazquez. Her husband, Mauricio Velazquez, had gone to the home with her as part of a cleaning crew, reported. They share four children, according to the station.
Before 7 a.m. on the morning of Nov. 5, officers with the Whitestown Metropolitan Police Department responded to a report of a possible break-in at a subdivision in the area, the department said in a social media . When they arrived at the scene, the officers found Perez deceased on the front porch of the residence after suffering a gunshot wound. Velazquez was not harmed.
Velazquez later told WTTV that the gunshot came from inside the home and had been fired through the door. A bullet hole could be seen in the door in the shooting's aftermath, the station . Police initially did not identify anyone inside the residence, and Velazquez said he did not see the shooter.
"They should've called the police first instead of just shooting out of nowhere like that," he told WTTV through an interpreter.
Whitestown police said the department was "committed to conducting a thorough and impartial investigation" into what happened and would be "interviewing all individuals involved" as crime scene investigators were "meticulously collecting and analyzing all relevant evidence to understand the full scope of what occurred."
The department had said it was working closely with the Boone County Prosecutor's Office as the investigation got underway.
"We understand that incidents like this can cause concern and speculation," said Whitestown police. "We respectfully ask the public to place their trust in the investigative process and refrain from sharing unverified information. These cases are often complex and require time to fully understand. Misinformation can be harmful to those involved and to the integrity of the investigation."