Housecleaner Shot and Killed in Indiana After Trying to Enter Wrong House

We have another Castle Doctrine or Stand Your Ground controversy this week. In Whitestown, Indiana, Maria Florinda Rios Perez, 32, died in her husband’s arms after the couple went to the wrong address to clean a house. The unidentified homeowner reportedly shot through the door. A GoFundMe site has been set up for her family. She was the mother of four.

Reports indicate that the couple was trying to use a key on the door. The occupants called the police in the early morning about someone trying to open their door. As they continued to try to gain entry with the wrong key, a bullet came through the door and struck Perez.

Police responded to a call of a possible home invasion, but later concluded that “the facts gathered do not support that a residential entry occurred.” However, the department added that “It was later determined that the individuals attempting to enter the home were members of a cleaning crew who had mistakenly arrived at the wrong address.”

The matter is currently under review by the Boone County Prosecutor’s Office. Boone County Prosecutor Kent Eastwood stated that the case is complex due to language in the state’s stand-your-ground law.

Indiana has a robust law (below) that allows the use of lethal force to prevent a forcible entry into a home. It specifically provides for the use of deadly force “to prevent or terminate the other person’s unlawful entry of or attack on the person’s dwelling, curtilage, or occupied motor vehicle.” The “curtilage” includes the area immediately adjacent to a home

In this case, the police indicated that the couple was “attempting to enter the home.” That is why this case is particularly challenging for prosecutors. Under the law, the homeowner was not required to wait for actual entry or confirm whether the person was armed.

The common law has long offered protections even for reasonable mistakes. Castle doctrine states codified and, in some states, expanded on those common law protections. They have resulted in some highly controversial cases, such as that of Tom Horn in Texas.

The case reminds me of the Donofrio case that we discussed earlier.  He was shot and killed on the front porch of a house in Columbia, South Carolina after trying to enter the wrong home near the campus around 2 am.

It is also reminiscent of the shooting of a Japanese student in Baton Rouge. The 16-year-old Japanese exchange student, Yoshihiro Hattori, was looking for a Halloween party and scared the wife of Rodney Peairs when he spoke a strange language and approached the house. Peairs shot him in the chest with a .44 Magnum handgun and was later cleared under a Make My Day law as mistaken defense of his home and self. We also discussed a tragic case involving the killing of a law student.

The state law also supplies civil immunity for homeowners in such cases.

You can make your own assessment based on the language of the statute. The Indiana law states in part:

Sec. 2. (a) In enacting this section, the general assembly finds and declares that it is the policy of this state to recognize the unique character of a citizen’s home and to ensure that a citizen feels secure in his or her own home against unlawful intrusion by another individual or a public servant.

(c) A person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:

(1) is justified in using deadly force; and

(2) does not have a duty to retreat;

if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person, employer, or estate of a person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.

(d) A person:

(1) is justified in using reasonable force, including deadly force, against any other person; and

(2) does not have a duty to retreat;

if the person reasonably believes that the force is necessary to prevent or terminate the other person’s unlawful entry of or attack on the person’s dwelling, curtilage, or occupied motor vehicle.

(e) With respect to property other than a dwelling, curtilage, or an occupied motor vehicle, a person is justified in using reasonable force against any other person if the person reasonably believes that the force is necessary to immediately prevent or terminate the other person’s trespass on or criminal interference with property lawfully in the person’s possession, lawfully in possession of a member of the person’s immediate family, or belonging to a person whose property the person has authority to protect. However, a person:

(1) is justified in using deadly force; and

(2) does not have a duty to retreat;

only if that force is justified under subsection (c).

397 thoughts on “Housecleaner Shot and Killed in Indiana After Trying to Enter Wrong House”

  1. There are some things here that just don’t ring true. Would you give a key to your home to people you do not know? Perhaps you would if you were going to be away and wanted your house cleaned. If the house was supposed to be vacant but someone inside was telling you not to enter wouldn’t you realize that the house was not vacant and consequently stop rattling the lock? We can’t jump to the conclusion that a warning was not given before the shot was fired. Was the rattling, pushing on the door and the voiced frustration at not being able to enter spoken in Spanish loud enough to wake the residents up? It seems to me that there are a lot of conclusions jumped to without knowing all the facts.

  2. Hey, maybe we can ask Ashley Babbitt her take on the use of deadly force against an unarmed nonthreat! Oh wait…

    1. Yes, entertaining abortive ideation, and taking affirmative action, to relieve a perceived “burden”, but not an actual burden to life, is contrary to the purpose and training of self-defense and equitable reconciliation.

  3. Tragic yes, but death due to simple mistakes are a regular, unavoidable feature of life. Unfortunately, fatal mistakes involving trust have become commonplace, hardly surprising given that Americans are now tasked with trust decisions at a rate previously known only to the likes of cops, taxi drivers, and hookers. Encounters with the deranged, the drunk, the drugged, the desperate, and the career criminal constitute the everyday reality for big city dwellers and everyday fear for imaginative suburbanites. Our leaders have, in service to themselves, put a jungle-level of fear back into our lives.

    1. Our leaders have, in service to themselves, put a jungle-level of fear back into our lives. — Old School Fool

      We are witnessing the transition from our high-trust society to their low-trust one… Which is a result of deliberate policy choices by “our leaders”.

    1. Small caliber firearms experts claim the diameter of the muzzle at the end of the barrel make a huge difference.

  4. Im not a lawyer. Im a staunch supporter of the 2nd amendment and stand your ground laws. That being said i believe it to be completely irresponsible to blindly fire through a closed door. I really don’t understand why any person would fire through the door without knowing the threat level on the other side. Did they not have the common decency to inquire as to who was at their door before shooting. Again I fully support stand your ground laws especially since my state of NJ favors criminals over law abiding citizens but there must some accountability for irresponsibly taking a life.

    1. We have not been told yet whether the homeowner called out to the perceived intruder. Be careful with assumptions.

      1. Read my comment again. I made no assumptions. I made statements and asked questions not assumptions.

    2. Agree 💯. Now I know there’s a lot we don’t know about this situation. Was the gun owner elderly? Were they disabled? Both color your outlook of a particular situation. How well trained was the gun owner? It’s irresponsible to arm yourself but not train with that weapon REGULARLY. Was there any challenge and/or response?

      Bottom line a person is needlessly dead, and the lives of the husband and also the homeowner have forever been changed.

    3. I agree. I am also a supporter of stand your ground laws, but I do not see how any bit of this was a reasonable response by the shooter. Based on what has been presented so far, I do not see how the shooter could possibly have known what the true threat was posed by the person on the other side of the door, or if there was any threat at all. The word reasonable is all over the Indiana law and I do not see how shooting through a door is in any way reasonable, unless the door is sufficiently transparent or security systems clearly show the person on the other side of the door was clearly an actual threat. But the stories about this incident do not indicate the shooter had any such ability to know what was on the other side of the door, nor whether the shooter even attempted to find out. From what we know so far, and unless the prosecutor has exculpating information to the contrary, it seems to me like the only “reasonable” thing at this point is that the shooter ought to be charged with at least negligent homicide.

  5. It never fails to amaze me how many regulars here claim they don’t reply to anonymous trolls, yet continue to feed the worst example here at every opportunity, 24×7. Congratulations, that troll must feel extremely validated and gratified, ntm given a motivational incentive for repeating the behavior.

    1. @ann-“It never fails to amaze me how many regulars……….”

      You raise a good point regarding the “new” Blue Banana. Obviously this person/ai/whatever has greatly infected the blog to frustration of the regulars. He/she/it has commentary on just about every reply which is a sign of a child or paid disrupter. You don’t stay on sight here all day if you’re a normal person. A normal reader replies and usually has a life of things to do not stay here the entire to harass readers. The real problem is the MODERATOR who should have shut this down immediately.

      1. Its called a site, a website, Margot. Shut what down, your hurt feelings?
        Signed, not your “anon”.

      2. Guess only Margot and her cronies here, have free speech rights on the “site” (not sight). I thought you conservatives cherished the 1st Amendment; so she demands the moderator expel anon. Really? most of you people scream about free speech, attack countries that less free speech, some claim they would die for it, but an anon challenges you guys, you loose it and attack like a bunch of crazies wanting to rip his eyes out. Personally, you people are laughable in your comments and need a dose of reality. You people are hypocrites.

        1. Idiot. The First Amendment has no application here, this is the private property of Professor Jonathan Turley. Everyone else posting here, including you, is here at the discretion of Prof. Turley. Calls to Turley and his representatives here for reasonable moderation are completely in order, as is any decision to pursue or decline those calls.

      3. ” The real problem is the MODERATOR who should have shut this down immediately”

        Ha! The “moderator”, whoever or whatever performs that function here, is apparently far too busy making sure that the name field formerly available to posters who do not have WP accounts is suppressed (thus ensuring purely anonymous posts) and in “disappearing” any and every reference to a certain organization and web site that is advocating for an A*r*t*i*c*l*e*V* convention, no matter what the context is for that reference, to do anything either of us would actually recognize as “moderating”. Frankly, I have wondered at times if the moderation, many of the deliberately provoking anonymous posts, and possible some of those from the “regular” posters, aren’t AI bot products.

  6. What we should be considering, at this point in our history, is why we are reverting to our “wildwest” culture where everyone was considered a potential danger until proven otherwise and that the castle law mindset was necessary. Perhaps we should examine why we have so many reasons to feel unsafe in America again, find the reason for that and fix that. Let the lawyers argue this out in the courts while our leaders find the underlying cause for this anarchy and fear and root that out.

    1. Why should we examine … feel unsafe. I for one do not feel unsafe. I live in near Chicago. Its about owning guns under the guise of self protection. Look what happened. And many here are gun owners. And proud of it. They are the danger to society. And I’ll bet they itchy trigger fingers.

      1. You have no idea what you are talking about. Since you feel so safe and are so absolute in your comments then why do you comment anonymously. You must be one of the many keyboard warriors.

        1. Another example of …. “why do you comment anonymously”, so says the anonymous commenter “Threeper Rob”.

      2. Your indoctrination is of a terminal sort, I am afraid. There probably is no hope left for your “little grey cells”. Why not just close your account here and stop pestering sane adults with your blather – we see it for what it is, propaganda based on brainwashing since early childhood, or at least within our education/media industry’s grips.

  7. Under the known circumstances, there was no imminent threat. Shooting through a door could kill any visitor or even someone on the street. This shooting is not justified self-defense.

          1. “Under the known circumstances”, yes.

            One other bit of knowledge. Lawyers don’t decide guilt; the jury does.

              1. You said. “You already decided the motive and the facts.” That is what the lawyer provides, and based on those facts, the jury decides guilty or not guilty. “Dumb?” You answered that question.

  8. I am a resident of Indiana, have a CCP, and guns. Firing through a closed door without even ascertaining who the person is at the door, is a negligent use of a firearm. I know Whitestown, which is a bedroom community northwest of Indianapolis, relatively upscale and generally quite peaceful. One of my doctors maintains a clinic there that I visit.
    This is a tragic and wholly unnecessary use of a firearm. When you fire a firearm you are also responsible for wherever that bullet goes. The law says reasonable and this was an unreasonable act.
    I would charge negligent homicide on the order of manslaughter at least based on the information given. You do not have to retreat but this would be a case where you might wish to retreat until the issue is more clearly defined. Maybe using a a rational thought process before acting instinctively. You can never take back the bullet.

    1. Why is it that every time you comment you insert yourself as the protagonist, your whole pathetic life dumped on readers who have no interest in what ytou have to say or who you think you are. Guess the world revolves around your laughable pathetic existence.

      1. Anonymous 9:48AM-It would seem that a number of commenters here would disagree with you. Since you only offer ill tempered screeds, one would suspect you have missed the train on experience and how it tempers your knowledge and personality. So sad.

    2. I think more investigation is necessary before drawing the conclusions you cite. Did the residents challenge the couple trying to enter, and, if so, what was the response? Also, continuing to try to gain entry with the key after it failed to work would seem to be an exacerbating (or mitigating, depends on your POV) factor. Was the shooting a mistake of culpable poor judgement on the part of the homeowners? Maybe. Failing to confirm the correct address and continuing to try to enter with the wrong key (possibly in spite of a verbal challenge) was definitely poor judgement on the part of the cleaners. Also, the risk to the erstwhile defenders would (all else equal) be much higher after opening the door if the cleaners had in fact been attackers intent on harming them. It’s very easy to sit back in our recliners and pronounce this an improper and unlawful shooting, but reports of unlawful entries, including those made under false pretenses, and resulting harm to residents are rampant. I won’t be so quick to judge.

      I would also point out the discrepancies in reporting and judging harm to innocent victims, based on the mechanism of harm. Last year there were approximately 40,000 deaths in motor vehicle accidents in the US. A large fraction of those people were blameless in their conduct. Yet, thanks to the influence of insurers, with the complicity of LEOs and prosecutors, criminal prosecutions of drivers who carelessly caused accidents in which innocent victims perished (unless there was alcohol involved) are virtually nonexistent. And where are the columns by pundits like Turley calling out the injustices in those cases?

      1. Interesting comment, better than the crap we have to see every day.
        Why demand Turley get involved, he’s a constitutional lawyer not an ambulance chaser.

      2. The injustice? It should involve politicians not Turley. They make the laws. And victims families can sue.

        1. “It should involve politicians not Turley. They make the laws. And victims families can sue.”

          Yes. That is true of deaths from both causes. But only one cause has been written about on these pages, and that one is of lesser magnitude by far than the other.

    3. Ole GEB wants to be the center of attention. Man, stick to the topic, not tell us where your doctor works.

    4. Excellent points GEB. I did notice that the homeowners called 9-11 “early in the morning” which may indicate that it was still dark outside making identification of the cleaning crew difficult to impossible. Still though, firing through a closed door without knowing anything else is almost tantamount to firing a warning shot (and I don’t know of any state that encourages those). Greg

      1. “Excellent points …” he just divulged his personal life and you call that “Excellent points”. Whew…

      2. “firing through a closed door without knowing anything else is almost tantamount to firing a warning shot (and I don’t know of any state that encourages those).”

        And yet there is no lack of self-styled shooting situation experts here who have advocated that such a warning shot (including at least one recommendation for a “shot in the air”) would have been a viable method to warn the people trying to unlock the door to cease and desist. Here’s some news for those wannabes. Except under strictly controlled conditions (e.g., at a properly designed firing range) a shot from nearly any weapon fired in any direction is going to do some damage, most likely of a serious nature, to people or objects. The dynamics of very few combinations of firearm and load produce a result that is sufficient frangible upon striking an initial object to minimize that risk. A bullet shot at an unknown target is very likely to ricochet in an unpredictable direction, while retaining most of its kinetic energy.

    5. “. . . retreat until the issue is more clearly defined.”

      “. . . the couple was trying to use a key on the door. The occupants called the police in the early morning about someone trying to open their door. As they continued to try to gain entry . . .” (JT)

      How much more “clearly defined” does the threat need to be?

      The occupants considered two pieces of evidence and had the wits to call the police. It’s hard to see how that is “acting instinctively.”

      1. Sam-I note your comments but I would not have fired through the door based on what was presented here. I have treated people who have been shot accidentally or deliberated and I would not have fired through the door if I had no way of knowing who was on the other side. It might be foolish of me but I would not do that. And I am well aware of the stand your ground law. But you have to be willing to accept that you might have just killed someone who simply made an innocent mistake. Do you really want to deal with that emotionally?

        1. “. . . someone who simply made an innocent mistake.”

          Why do you give her the benefit of the doubt but not the homeowner?

          “Do you really want to deal with that emotionally?”

          That, of course, is completely irrelevant to the facts and the law of this case.

    6. When your own neighborhood becomes filled with anarchists and looters and communism gains control of blue urban areas, then you will be asking for protection from them, but oh, defunding the police was such a good progressive idea. We are quickly returning to the good old days of the wild west when anyone coming over the horizon was a potential threat. June and Ward Cleaver may not be your next door neighbors if the mamdani concept of public ownership of all properties becomes a reality. As a hint, get out that old copy of the movie Dr. Zhivago and rewatch the scene where Yuri returns to his old home in Moscow after it has been become the property of “the people’ and consider just what your neighborhood may be in just a few years of communist rule.

  9. I think the castle doctrine is sound policy and the 2nd ammendment is for citizens, not the government. That notwithstanding, those homeowners seem like panicky POS idiots. Did they try to see who was there? Did they tell them to leave? The sound of a key in a lock is a far cry from your door being forced. It doesn’t seem like the threat was clear enough to shoot through the door. Negligent homicide?

      1. Anon reminds me of the old Cheech and Chong Evelyn Woodhead Sped Riddin Course.sketch.

        Has your comprension improved won der fully?

    1. “The sound of a key in a lock is a far cry from your door being forced.”

      I’m not so certain of that. The sound of a door being battered down would clearly be far different, but how different would the sound of the latch bolt being shimmed be? Particularly if the residents were older and their hearing wasn’t optimal?

          1. You have friends? Someone like you who spends all day here can’t possibly have any, but maybe they’re the imaginary kind?

          2. I’m all in for Stand your ground and Castle doctrine laws. They are a result of the lack of law enforcement and a sign of Democrats policies. In this instance the door was not breached and IMO at the minimum the homeowner should be charged with negligent homicide or involuntary manslaughter. Civil court the family may now move into their new home, if they are illegally here, they can be deported with a nest egg.

          1. And duumy, keep responding. You ain’t trying to stir-up your geriatric gang to attack an anon? Naaa… you’re uncapable of – too stoopid.

                1. Again, folks, this is MAGA people at their best, always resorting to insults and threats.
                  Oh ja, MAGA is peaceful, until you show up at their door and they fill you with lead.
                  That about right?

                    1. Ummm… “It is drunks, fools, and left-wing Democrats”, like you? Okay, sorry I called you a democrat.

                    2. Meyer has a long history of resorting to insults as his response to any criticism, as a consequence of his many psychiatric disorders.
                      This insult involving alcoholism has been used by him for several years in his comments here.

                      This is clearly a projection of his own difficulties with alcohol, much the same as his projections about his difficult relationship with his mother and the unfortunate traumatic event with the rocking horse as a child.

                      Meyer consistently projects his own psychological problems as a defense mechanism to attempt to normalize his disturbed thinking.

                    3. Here we note Meyer’s continued projection of his own psychiatric disorders.
                      The use of the term “nutcase” is clearly projection, because Meyer himself is aware that his disorders render him to be colloquially known as a “nutcase”.

    1. You are mistaken or just a troll. Kristallnacht was instigated by National Socialists to intimidate German Jewish people. If anything, it would be a Marxist/Leftist holiday, not MAGA. After all, they have once again allied themselves with the genocidal Palestinians who attacked Israel on October 7th 2023. The Grand Mufti of Jerusalem was Hitler’s guest in Berlin for most of the war and probably taught him about the Ottoman Turks use of gas chambers in the Armenian genocide. We keep and bear arms to defend ourselves and others against the violent intolerance of the Radical Left.

      1. The comment had nothing to do with intimidating Jews on this blog.
        Snowgeek? What a stupid moniker. So you’re an expert on Nazis – no surprise there, you maga crazies adore Nazis and Hitler,
        And BTW your history is delusional, filled with threats of violence against people who don’t think like you? Just like the Nazis you mimic.

  10. While it may have been legal, I would never take another life without giving a warning, if at all possible. The sound of someone racking a shotgun is recognized in every language. If the homeowner only had a handgun, he could have shot through the top of the door. This was a mother of four children, and they’ll be impacted by this for the rest of their lives.

    1. Someone unknown and uninvited was trying to enter the shooter’s home. I have no data on how often that happens, but experience and common sense suggests it is rarely an innocent mistake. Around 1 million robberies and burglaries are reported in America each year.

      Say the shooter fires at the top or bottom of the door as a non-lethal warning shot. Now imagine the person trying to enter is doing so for criminal purposes. They fire back and kill the shooter or his wife or children. Nobody thinks that is a just result, either.

      It was a tragic mistake that will impact everyone for the rest of their lives: the shooter, his wife, the husband of the woman killed, children of both parties, etc.

      Do you think the shooter should also be subject to legal liability for protecting his family against what he logically believed was an uninvited intruder?

  11. Many questions here, did they knock on the door, ring the doorbell before entry, much like hotel cleaning staff do before entering a room. I agree totally with stand your ground law but not firing thru doors at unseen, unidentifiable targets.

    1. My heart goes out to the victim’s family.

      I agree with everything you said, Margot, and I would not fire through a door either.

      I believe in castle doctrine, etc., but I also know from personal experience that mistakes happen. I had a relative who became disoriented due to mental illness and tried to enter the wrong house. Fortunately, the homeowner, who was quite alarmed, still chose not to answer the door or resort to violence. Both were unscathed and happy to remain so.

      1. Agree? If its about a relative, its not personal. And you admit that mental illness runs in your so called family?

      1. Fool? You have no idea who that fool is and yet you play into his game every day. Who’s the fool?

          1. Oh oh dustoff is seeing anons everywhere … and he’s calling any anon who shows up here a fool. Geezz.. can’t make this stuff up folks.
            Guess his strategy is to lure anon into a trap and get the geratric gang to follow. Hey, where geb anon, you wake him up yet?

  12. Police make the same mistake of going to the wrong address. According to the Indiana law even police officers can be shot if they try to enter the wrong house with no legal consequence for the homeowner. Even shooting thru the door it seems.

  13. Mistakes happen. Did the homeowner ask the couple what they were doing, or shoot a warning shot before shooting to kill?

    1. No, the homeowner just opened fire through the door. The law does not require warnings or asking who it is.

      1. No steps were taken to ID the visitors. No questions asked. I’m guessing the Hispanic was doxxed…. lured to that address by a white man.
        Murder 1st degree. Death sentence. Public execution is warranted.

  14. That is tragic. How did they go to the wrong house? Do they not have signs or numbers? Was it their first time?

      1. Numbers in Spanish and English are the same.

        “Most Hispanic countries, like those in Latin America, generally use a house numbering system similar to that of the USA, where odd numbers are typically assigned to one side of the street and even numbers to the other. However, specific practices can vary by region and city” – wikipedia

        Unless she was on the wrong street it doesn’t seem logical. Even then if the address was written not spoken it would look the same. Was this her first visit to the home she was suppose to clean? We need to know a lot more. She could have been looking for empty houses to rob or she could have just made mistake. What was the time of day? Early morning when it was dark or closer after sunrise? What do we know about the shooter? Has he been harassed or robbed previously by Hispanics that he was fearful?

        The couple checked the address twice and circled the neighborhood to make sure they were in the right spot, according to a police report cited by IndyStar. Was it the right address? How did they get the address wrong? Did someone knowing this guy was a hothead set this woman up?

        An investigation needs to be done to find out a lot more details. I agree, no reason to shoot through a door. Tell the person to stop immediately, if they keep trying then fire a warning shot if they keep trying then you have something to fear.

      2. Sigh. Tragic indeed, but yeah, unless their investigation yields conflicting information, no justice to be served. And, many will reject that; however, it’s factual.

    1. The house-cleaners were given the wrong address. I’m guessing they worked for a cleaning company, or were hired directly by the clients. Either way, the address they had was not for the correct house. They were given a key to the residence. Of course the key didn’t work because it was for a different house. This all happened very early in the morning before daylight, which is probably why the residents inside the home immediately thought it was a break-in. They phoned the police. When they continued to hear what they thought was their lock being jimmied, one of the residents shot through the front door to stop what they thought was a home invasion. It is extremely tragic. But it was an accident.

            1. And here’s another one of the geriatric gang… spends all day and night on this blog. They’re coming after anon… the gang who couldn’t shoot straight.

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