BATESVILLE — In what appears to be a possible case of self-defense, a Batesville man is dead following an early morning shooting on Monday (Sept. 7) at Canterbury Apartments.
Batesville Police Chief Stan Holt reported that officers from his department responded to a domestic violence 911 call from an apartment on Arlington Drive shortly after 8 a.m. Monday.
Upon arrival at the scene, officers discovered the body of Benny Flannery, 46. It appeared the cause of death was a gunshot wound to the chest. Early indications were that the deceased was shot by a juvenile resident of the apartment as he was committing a violent attack upon the juvenile’s mother while armed with a knife.
Chief Holt stated that witnesses from the scene, including the juvenile alleged to have fired the fatal shot, have been cooperative with investigators.
According to Franklin County Prosecutor Chris Huerkamp, under Indiana Law, a person: (1) is justified in using deadly force; and; (2) does not have a duty to retreat, if that person reasonably believes that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony (citation: I.C. 35-41-3-2©).
After consulting with Prosecutor Huerkamp, Chief Holt and he agreed that because of the strong initial evidence of the justifiable use of deadly force, neither the juvenile nor his mother should be further detained or placed under formal arrest at this time. And although no one is currently in custody as a result of the shooting, Huerkamp said he will make a final determination on whether or not his office pursues criminal charges upon completion of the investigation. At that time, more details will be made public.
Huerkamp further emphasized that the investigation is ongoing and that all potential suspects and/or criminal defendants would be presumed innocent until proven guilty.
“I am fully confident that Chief Holt and the Batesville Police Department will conduct a thorough investigation and uncover the truth of how this occurred,” Huerkamp said.
Information provided by Franklin County Prosecutor’s Office