Criminal defense attorney Daniel Vaughn broke down the video and weighed in on whether or not the incident constituted self-defense.
INDIANAPOLIS — Video of a deadly road rage shooting on the south side of Indianapolis has been circulating online recently.
13News has decided not to air the full video, but witnesses said there was an altercation between two drivers.
In the video, Gavin Dasaur is seen openly carrying a gun and walking up to the driver of a pickup truck. The pickup driver then shot and killed Dasaur.
The driver of the pickup truck was detained, but later released. Police say the truck driver may have been acting in self-defense.
RELATED: 29-year-old man killed in suspected road rage shooting on Indy’s southeast side; detectives believe shooter may have acted in self-defense
13News watched that video with a criminal defense attorney who used to be a prosecutor. He says there are certain things to look at when looking for self defense and that Indiana does have a stand your ground law.
“Self defense in Indiana is authorized, so I can use a reasonable amount of force if I reasonably believe that you’re trying to harm me or another person,” said attorney Daniel Vaughn.
“Another twist on that is deadly force. Now, that’s authorized in Indiana, and I have no duty to retreat, but there’s a certain calculus that we have to look at now,” continued Vaughn. “Specifically what they’ll look at is the reasonable belief that I have, that harm is coming to myself, serious bodily injury or imminent harm or a third person. Additionally, I can use deadly force to stop the commission of a forcible felony.”
RELATED: Troubling trend of road rage shootings on Indianapolis-area interstates
Vaughn further weighed in, saying he believes there’s a good argument toward self-defense.
“My initial reaction is that the individual walks up and appears to be carrying a gun. He’s initiating the contact. The guy in the car is just sitting there. So I think, without knowing much about the case involved, I think that the checklist that we went through first, I think that there’s probably a legitimate claim for self defense,” said Vaughn. “Now, I don’t know enough about the case, and I’m not seeing the state’s file, so there’s probably more that I don’t know, but based on that little evidence I’ve seen, I think that there’s certainly a good argument to be that he was protecting himself.”
13News also reached out to the Marion County Prosecutor’s Office, but have not heard back on whether or not charges have been filed.
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