Anderson, Indiana

From the Indianapolis Star of October 21, 2005

Farmer wounds two joy riders

Formal charges might not be filed against the owner of a farm for shooting two juveniles who were joy riding on golf carts across his property, a prosecutor said.

Police arrested Brent E. Schalk, 52, of Anderson, on preliminary charges of battery with a deadly weapon and criminal recklessness, all felonies.

Anderson police said two juveniles were wounded when Schalk allegedly shot them with bird shot Friday after they entered a building on the property at Blue Grass Farms.

Prosecutor Rodney Cummings said his office will review the police reports and is awaiting medical reports on the youths' injuries.

"The law allows some level of self-help," he said. "A person is allowed to use some force to protect his property and person.

"Charges will be filed against the five juveniles that were allegedly damaging his property, Cummings said. Cummings said one of the boys who was injured has been arrested six times since March 2004. He was arrested in March, April and July 2004 and again in January, February and August of this year.

"Nothing happens to him," Cummings said of the 16-year-old. "I'm not surprised that he thinks he can get away with this.

"Cummings said Blue Grass Farms filed vandalism reports with Anderson police five times between May and Oct. 14.Schalk's attorney Bryan Williams said the business sustained $10,000 worth of damage to equipment on the two nights prior to the incident.

Police were there on Thursday and Friday, and Schalk hired a private security firm, but security guards couldn't be there until later.

Williams said Schalk had bird shot in the shotgun because he didn't want to hurt anyone.

"The boys said they didn't damage his property but have admitted to being there the two nights before," he said. "I believed he was justified in the action he took."

From the Marion Chronicle Tribune of November 2, 2005

No charges against farm owner who shot at juveniles

No charges will be filed against the owner of a farm who police say shot two juveniles who were joy riding on golf carts across his property, a prosecutor said.

Brent Schalk, 52, of Anderson, was arrested last month on preliminary charges of battery with a deadly weapon and criminal recklessness.

Prosecutor Rodney Cummings said Tuesday that although Schalk won't be charged, there is probably enough evidence to file charges against the juveniles for allegedly damaging equipment owned by Blue Grass Farms.

He said Schalk shooting at the boys with pellets from a rifle was still unwise.

"His actions should not be considered criminal under the circumstances," Cummings said. "It was risky behavior."

Anderson police said two juveniles were hurt when Schalk allegedly shot them with bird shot on Oct. 14 after they entered a building on Blue Grass Farms.

Schalk filed vandalism reports with Anderson police five times between May and Oct. 14. Schalk's attorney Bryan Williams had said that the business sustained $10,000 worth of damage to equipment on the two nights before the incident.

Schalk also hired a private security firm, but security guards weren't there when he fired at the boys.

Williams said Tuesday he was not surprised the prosecutor did not file charges.

"He (Schalk) did everything right," Williams said. "He called police, his insurance company and hired a private security firm. He had done everything reasonable to protect his property."

Cummings said he reviewed the medical records on the two juveniles and the injuries were described as superficial. Schalk has a right to protect his property, Cummings said.

"If the injuries would have been more severe, there would probably have been criminal charges filed," Cummings said.