INDIANAPOLIS — In a case that highlights self-defense laws in Indiana, 17-year-old Gabriel Hernandez has been sentenced to 15 years in prison for the fatal shooting of a man who was found searching through his mother's vehicle.
The incident took place on August 23, 2023, in the 7100 block of Pluto Drive on Indy's west side and left 18-year-old Terry Ross dead.
Hernandez, who was just 16 at the time of the shooting, pleaded guilty to voluntary manslaughter, with the prosecution dropping charges of murder and dangerous possession of a firearm.
According to court documents, on that day, Hernandez's mother alerted him after noticing suspicious activity on her home's Ring camera.
“Dude got a ski mask, hoodie checking every car in the neighborhood…” he reportedly told detectives during his confession. His mother stated she was awakened by the camera notification and felt scared enough to call for her son.
As the situation unfolded, Hernandez retrieved his mother's gun and shot the man, who was eventually identified as Ross, through a window.
Hernandez allegedly fired two shots at Ross. The first shot prompted the masked man to flee, but as he turned to run, a second shot rang out. Ross was later found by police but died from his injuries.
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According to court documents, surveillance footage confirmed Ross was searching through Hernandez's mother's vehicle and attempting to access others in the vicinity. However, investigators noted that at no point was the victim seen trying to enter a residence or appearing to be armed.
Hernandez's legal representation has been vocal about the implications of this case. His attorney issued a statement characterizing Gabriel as a child trying to defend his family, rather than a monster deserving of a harsh penalty.
“Gabriel is now a child serving a long prison sentence for trying to save his mom from a masked man moving around his property,” the attorney said. “His one hope is that his case can help save lives in the future.”
The statement also emphasized Hernandez’s desire to educate others about their rights and the importance of understanding self-defense laws. His attorney criticized the Indiana legislature for perpetuating confusion around self-defense, citing the Castle Doctrine, which allows homeowners to use reasonable force to protect their property.
As a lawyer who has represented the State of Indiana and defendants, misunderstanding your rights is where I see the highest percentage of tragedy. I blame the legislature more than the Courts. Our State representatives like to tout strong rights to protect yourself in Indiana. To be sure, the Castle Doctrine states that no person “in this state shall be placed in legal jeopardy” for the use of reasonable force if needed to "protect the person’s dwelling or curtilage.” Curtilage is defined differently from case to case, but Hoosiers only learn whether their decision to use force is reasonable at a trial. This is the definition of legal jeopardy. The Castle Doctrine has a confusing title, and we presented an affidavit from firearms instructors showing that this confusion is an epidemic.
Indiana law permits you to use reasonable force to defend yourself or another person from an attacker, as long as you believe that there is an imminent threat of unlawful force against you. Indiana’s self-defense laws also can apply to defending yourself in an occupied vehicle.
The Castle Doctrine is outlined in Indiana Code 35-41-3-2, you can read it below.
