WHITESTOWN, Ind. — A man has been charged in relation to the fatal shooting of a member of a cleaning crew earlier this month on the front porch of a home in Indiana.
According to court documents, 62-year-old Curt Andersen has been charged by the Boone County Prosecutor’s Office with one count of voluntary manslaughter, a Level 2 felony, in relation to the shooting death of Maria Florinda Rios Perez de Velasquez.
Officials are claiming that Anderson “did knowingly kill” the woman while “acting under sudden heat.”
The woman was shot and killed on Nov. 5 outside a Whitestown home. According to previous reports, the woman was found on the porch. Officials said at the time that it appeared a shot had been fired from the inside of the home, and the woman never entered the home.
Previous reports indicate that the call initially came in as a home invasion. However, an initial investigation uncovered that the home invasion element was “not the case.” Officials said that the woman reportedly arrived at the wrong home to clean.
On Nov. 9, officials with the Boone County Prosecutor’s Office asked for patience as they reviewed the evidence in this case. The office said that they were sifting through “every piece of evidence” to ultimately decide if the shooting was justified.
During Monday afternoon’s news conference, Kent Eastwood, Boone County’s prosecutor, said that this incident was a “tragedy for everyone involved.” Eastwood said the decision came after a thorough investigation by Whitestown police.
Eastwood said it took about a week to review the evidence in the case, stressing their belief that Indiana’s Stand Your Ground law does not apply in this case.
Mauricio Perez-Velazquez told FOX59/CBS4 that the person who fired the gun “should’ve called the police first instead of just shooting out of nowhere like that.”
“He says it’s not good what they did,” said Velazquez. “He shouldn’t be taking [the] lives of people like that because now he has to raise four kids by himself.
What does the probable cause affidavit state?
The documents state that officers with the Whitestown Metropolitan Police Department were dispatched to a home on Maize Lane in Whitestown on a report of a residential burglary in progress at around 6:50 a.m. on Nov. 5.
When officers arrived, they reportedly saw a “large pool of blood” on the front porch of the home. A man, later identified as Mauricio Perez-Velasquez, was holding a woman, later identified as Maria Florinda Rios Perez de Velasquez. The documents said that the woman “appeared to be deceased from a gunshot wound to the head.” The woman was officially pronounced dead at the scene.
The homeowner, later identified as Curt Andersen, reportedly refused to exit his home after being requested to by law enforcement. After not complying for “some time,” he reportedly exited the home from the back door. During a search of the home, officials reportedly found a handgun and a spent cartridge casing.
An investigation into the shooting revealed that Maria Florinda Rios Perez de Velasquez had been scheduled to be a part of a cleaning crew that was scheduled to clean a model home further down in the neighborhood.
During an interview with Andersen, he reportedly told police that he “heard a commotion at the door” that morning, hearing what appeared to be “some type of keys, tools or instrument” being used at the front door of the home.
“(Andersen) said that this commotion scared him because he realized this commotion was not his imagination and that someone was trying to get into the front door,” the documents said.
Andersen reportedly said he saw two people outside the front door, which caused him to believe that they were “going to get in” the home. Andersen then told police that he went to his “safe room” and grabbed a handgun.
As he was grabbing the gun, Andersen said that the “commotion at the front door of the residence (got) more and more aggressive.”
“(Andersen) described the individuals were ‘thrusting’ at the front door to get in, with what he described as getting more and more aggressive.”
An interview with another person in the home stated that this is when Andersen reportedly fired a shot toward the front door of the home. The other person in the home told police that Andersen “began to panic” when he heard individuals trying to get inside the home.
Andersen told police that the front door did not open before the shooting, stating that it was around 10-15 seconds after he retrieved his gun and fired it at the door. Andersen said he wasn’t sure how long it was from the time he was awakened by the “commotion” until the shot was fired.
“When asked, (Andersen) said he didn’t announce himself or say anything to the two individuals prior to firing the round,” the documents said. “…When asked after he fired the round, did he hear anything or did the commotion stop, (Andersen) responded that he heard a man crying out and weeping.”
When Andersen was told that he had killed Maria Florinda Rios Perez de Velasquez, the documents said he “became upset and immediately put his head down on the table.”
In an interview with law enforcement, Mauricio Perez-Velazquez said that he and his wife were part of the cleaning crew. He said they had received an address from their boss to clean a model home.
Once they arrived at the home, Mauricio Perez-Velazquez said they attempted to unlock the doors with the keys that their boss gave them. He said that they had never been to the home before.
“(Mauricio Perez-Velazquez) stated that while trying to open the door, he heard a shot and was unsure which direction it came from,” the documents said. “(He) stated that after the shot, he looked through the window to see if there was anyone inside, but couldn’t. He then turned his attention to (Maria Florinda Rios Perez de Velasquez), trying to secure her and render aid.”
Mauricio Perez-Velazquez told law enforcement that they were trying to gain access to the home for around 30 seconds to 1 minute using the different keys they had. He said that he never heard any voices from inside the home and “did not use force of any kind” to enter the home.
Mauricio Perez-Velazquez said that there were no vehicles in the driveway or in front of the residence and stressed that no lights were on inside the home.
“Based on the above facts, Curt Andersen fired one shot through a closed, locked door from the top of his stairs, knowing two individuals were on the other side of the door, fatally striking Maria Florinda Rios Perez de Velasquez,” the documents said.
In a statement from Guy Relford, Andersen’s attorney, he said that the death of Maria Florinda Rios Perez de Velasquez is a “terrible tragedy that is heartbreaking for everyone involved.”
“While we are disappointed that the Boone County Prosecutor’s Office has elected to file criminal charges against Mr. Curt Andersen, I look forward to proving in court that his actions were fully justified by the ‘castle doctrine’ provision of Indiana’s self-defense law,” Relford said. “That law allows a person to use reasonable force, including deadly force, if he reasonably believes that such force is necessary to prevent an unlawful entry into his home. Contrary to the contention of the prosecutor – and without discussing the specific facts of the case – we believe Mr. Andersen had every reason to believe his actions were absolutely necessary and fully justified at the time.
“We also believe that Mr. Andersen’s actions are being unfairly judged based on facts that were unknowable to him as events unfolded that early morning,” the statement continued. “The law does not allow a criminal conviction based on hindsight. Instead, Mr. Andersen’s actions must be evaluated based on the circumstances as he perceived them.”
Eastwood said that Andersen is being held on a no-bond hold. Andersen’s initial hearing is expected to be conducted this week, with the latest date being Friday.
Attorneys for shooting victim’s family hold press conference
After the Boone County Prosecutor’s Office spoke with reporters Monday afternoon, attorneys for the family of Maria Florinda Rios Perez de Velasquez hosted a press conference.
During that news briefing, lawyers indicated that they could take action against the company that provides Andersen’s home insurance if it does not distribute payment for damages suffered by Maria Florinda Rios Perez de Velasquez’s family during the shooting.
While attorneys from Hurst Limontes — the firm representing the victim’s family — didn’t name the insurance company in question, they did report that they have filed a claim with the business. The family’s lawyers also said Andersen has been cooperative thus far in providing his insurance information.
“If the shooter in this case carries insurance, that insurance company has a legal and moral duty to do what is right,” said attorney Alex Limnotes. “Instead of rushing to demonize a grieving family or relying on sensational headlines, the public should look closely at the insurance carrier involved. They are currently assessing whether they will cover this tragic loss. And we strongly believe that, if coverage does exist, they should pay this family for the life that was taken.
“Regardless of one’s view on the criminal charges, the loss of life is undeniable. And insurance exists precisely for situations like this.”
Maria Florinda Rios Perez de Velasquez’s family did not speak during Monday evening’s press conference. Limontes did, however, issue a statement on the family’s behalf:
“We thank everyone present, those who have already helped us, and those who continue to do so,” Limontes said on behalf of the victim’s family. “We have received immense support from the Latino community and from all Americans. Thank you so very much for your concern and support for our family. And we thank the prosecutor for fulfilling his duties under the laws of the State of Indiana.
“Perhaps Maria will not return to us, given the charges that will be brought against this person. But the children and the family demand justice so that other families do not have to go through what we are going through. And for those who still wish to help, especially for the children, we appreciate the help and the support because the children miss their mother, and she will never, ever return.”