María Florinda Ríos Pérez worked cleaning houses with her husband in Indiana. Unfortunately, for her last job, the cleaning crew she was on went to the wrong address, which ultimately cost her her life. The homeowner, who has so far remained anonymous, shot and killed her.
The tragic incident has sparked outrage and raised questions about self-defense laws. The 32-year-old mother of four died in her husband's arms. She was shot on the front porch of the home. Police say the gunman shot the woman through the front door.
State law largely recognizes the right of a homeowner to defend themselves when someone attempts to enter their property illegally. However, this is not a straightforward issue and depends on state law and the circumstances surrounding the shooting.
Self-Defense Law
Most states have “stand your ground” laws. Broadly speaking, this means a person may use deadly force in self-defense without necessarily attempting to leave the situation if they are in their home, workplace, yard, or vehicle. However, state laws still require a person to act reasonably when using deadly force.
Of course, the obvious question is: is showing up at a house (while remaining outside), ringing the doorbell, and trying to use a key (the latter is unconfirmed) sufficient reason for the homeowner to use deadly force?
Maybe Ask for Her to Leave Before Opening Fire?
The key to claiming self-defense for the person who fired the shot will be demonstrating that there was an imminent threat and that both their belief in that threat and their response to it were reasonable. At first glance, this may be a difficult claim to make, although more facts may emerge.
Past similar cases may provide a guideline for whether criminal charges against the homeowner will follow. Significant recent examples include an 11-year-old boy who died after being shot by a neighbor while playing “ding dong ditch.” In Missouri, a 16-year-old who went to the wrong address looking for his siblings was shot. Both states have stand your ground laws, and in both, charges were filed against the individuals who shot the children.
However, each case has its own particularities, and the Ríos Pérez case could be more complex if it is proven that she did indeed try to enter the house. At the time of this writing, it isn’t clear whether she was looking for or trying to use a key when she was shot. According to some reports, the Ríos Pérez family had tried to use a key. Since she was at the wrong house, the key didn’t work. It was reportedly while looking for the correct key that she was shot in the head.
The Boone County prosecutor's office has asked the community for patience and stated that it would reach a decision regarding whether or not to file charges soon. Potential charges, if any are brought, could include murder and voluntary manslaughter, among others.
Related Resources
- Family Accepts Settlement for San Diego Car Rental Fiasco (FindLaw’s Courtside)
- Tennessee Court of Criminal Appeals Upholds Shaken Baby Conviction Despite Recanted Testimony (FindLaw’s Law and Daily Life)
- Do Domestic Abuse Rates Rise Over the Holidays? (FindLaw’s Law and Daily Life)
