INDIANAPOLIS — On Tuesday, a person was killed in what police called an attempted home invasion on the city's far eastside.
A day later, the homeowner who shot and killed the 22-year-old man inside his home in the 3700 block of Marseille Road is speaking about what happened.
Brent Smith says he had just returned home from the grocery store when he noticed a young man walking up to his house. He says he then saw the man pull a ski mask over his face.
Smith tells WRTV the incident happened so fast he didn't register what was happening until he had already been hit.
"He hit me in the head with his gun," Smith said. "I yelled out 'he is robbing me', thinking my neighbors would hear me."
Smith says he then began to wrestle with the intruder for his gun. During the struggle, the intruder's gun fired. At this time, the intruder began running out of the house.
"At this time I started hearing what felt like thousands of shots," Smith said.
Smith said he then exchanged gunfire with the person outside with the intruder's gun and then his own gun.
22-year-old Damon Swanigan Jr. was identified as the person killed by the Marion County Coroner's Office.
Smith shared frustration with the situation and what he wants to see from the community as he continues to gather the pieces of what happened.
"(I'll just say) find something productive to do," Smith said. "You don't need to rob me. I keep to myself. The first thing I noticed was the kid had on brand new Jordans. You're trying to rob me but you got brand new Jordans on man? I just don't get it."
Smith was detained at the scene and taken in for questioning but released after discussions between IMPD and the Marion County Prosecutor's Office.
Indiana law gives a lot of legal leeway to homeowners.
Attorney Guy Relford, specializes in second amendment rights. He says the law gives special protection to people inside their home.
"The law says specifically that I am 'justified in using reasonable force including deadly force', if I reasonably believe that, that force, meaning deadly force, is necessary to prevent or terminate an unlawful attack on or entry into my dwelling," Relford said.
Relford isn't connected in this case but says people like Smith are protected legally in this type of situation.
"If you are justified at that time you have no obligation to retreat, in other words run away first, before you defend yourself. That's what makes it a stand your ground law," Relford said.
Indiana law doesn't require proof that anyone was scared for their lives or anyone elses inside the property. All you have to prove is that someone was trying to break in or create a crime.
The Marion County Prosecutor's Office is still reviewing the case and there's been no information on charges for Smith.
