INDIANAPOLIS — Court documents say Anvictor Butler, of Indianapolis, shot at Dustin Phipps as he got in the car Butler was driving. It happened Tuesday at the Marathon gas station on the corner of Emerson and Southeastern Avenue.
Phipps took the car when Butler was inside the gas station.
"He did not have authority to use deadly force," said Mario Massillamany, a partner at Massillamany Jeter & Carson.
He said even though Phipps took the car, Butler shouldn't have shot him.
"Did he use reasonable force in imminent danger, or imminent unlawful force and in this case, there was no imminent, unlawful force, because the guy was driving away with his vehicle, not coming at him," Massillamany said.
It's not only unlawful, but reckless.
"When he's firing his gun at someone that's fleeing from him, bystanders could've easily been hurt," Massillamany said. "I think the public policy behind the statute is so that if you're not in fear for your life or the fear of somebody else's life, call law enforcement."
Court documents also tell 13News the car Butler was driving was reported stolen in August and Butler is a convicted felon, so he shouldn't have had a firearm.
"Not only was he not allowed to use the firearm, that's not an item he had authorization or authority to use, he's trying to recover a car that he's not the owner or didn't have possession of," Massillamany said.
He said regardless of Butler's previous convictions, he'd still be facing life in prison.
"You're still looking at murder charges, even if that was his car and he legally could possess a gun because, in Indiana, the only time you're allowed to use deadly force is in your house," Massillamany said.
He adds, the only other circumstance to use deadly force is when it's reasonable.
"In this case, there was no imminent, unlawful force because the guy was driving away with his vehicle — not coming at him," Massillimany said.