Prosecutor weighs whether shooting in Whitestown that killed cleaning lady was justified under the law

WHITESTOWN, Ind. – Whitestown police and the Boone County prosecutor are continuing to investigate if a shooting that left a cleaning woman dead was justified under the law.

Boone County Prosecutor Kent Eastwood said he doesn’t know whether or not criminal charges will be filed against the person who fired the fatal shot.

Multiple legal experts agree that it won’t be an easy call, even though Indiana does have strong self-defense laws.

Speaking through a translator, Mauricio Velázquez recalled watching his wife, 32-year-old Maria Florinda Rios Perez, die after the pair showed up at a home in Whitestown on Wednesday morning.

Police believe the couple worked as a cleaning crew and had gone to the wrong address by mistake. That’s when someone fired a single shot through the front door, killing the mother of four.

“They should have called the police first, instead of shooting out of nowhere like that. It’s not good what they did,” said Mauricio Velázquez.

The Boone County Coroner’s Office confirmed Perez died from a gunshot wound to the head. Her death was ruled a homicide.

While the initial call came in as a possible home invasion, police confirm the victim never actually entered the home.

“It’s a horrible, horrible tragedy this happened,” said Attorney Joe Villanueva.

Former Johnson County Prosecutor Joe Villanueva isn’t connected to the case, but said Indiana’s Castle Doctrine allows people wide latitude to protect their home without facing criminal charges.

“The statute is pretty clear, you have a right to use deadly force to terminate unlawful entry into your dwelling,” said Villanueva.

“The castle doctrine basically means you have a right to protect yourself within your residence,” said Attorney Mario Massillamany.

Still, that use of deadly force does have to be reasonable and shooting through a closed door leaves that up for debate. It’s also not clear what the shooter knew or didn’t know before they pulled the trigger.

“I think it’s going to be a tough case either way,” said Massillamany.

“There’s no real clear-cut winner on this. It’s almost like a law school exam question. It’s designed to have ambiguity,” said Villanueva.

As for a timeline, the prosecutor said no decision will be made until next week at the earliest. It’s also possible the case could be sent to a grand jury to decide.

Prominent Second Amendment Attorney Guy Relford confirms he has been hired to represent the homeowner. Relford would not make any comment about the case so far.