Teen shot by homeowner charged as burglar

May 12, 2001

By Stan Maddux / Post-Tribune correspondent

LAPORTE ? A week after his Trail Creek home was burglarized, Mark Neitzel
wasn?t about to be victimized again.

When he saw three teen-agers hop a backyard fence and make their way toward
his house, he grabbed his handgun.

When one began crawling in through a back window, he warned him to get out.

When the boy didn?t listen, Neitzel shot him in the leg.

Friday, the 16-year-old was charged in juvenile court, along with two
others police say were involved in the crime.

Neitzel has not been charged in the shooting.

?I could have shot and killed the kid but I didn?t. I didn?t want to do
that,? he said. ?I’m not glad I did it but if I had to, I would do it
again,? Neitzel said.

Neitzel would not say if the boy had come at him in a threatening manner
before he fired.

But he said he knew the boy had a knife because he had cut a window screen
? and since ?they were bold enough to break into your home during the
daylight hours with neighbors on both sides of you,? he wondered if one of
them had a gun.

Although the investigation is continuing, it seems Neitzel acted within the
boundaries of the law, said LaPorte County Prosecutor Rob Beckman.

?It does appear everything was justified at this point,? he said.

Under Indiana law, Beckman explained, a person has the right to exert
deadly force if an intruder is inside their home, even if the intruder is
not attempting to do physical harm.

However, deadly force cannot be applied if a trespasser, for example, is
?making his way across your back yard? or anywhere else outside of the
home, Beckman said.

Authorities are not releasing specifics about the burglary because of the
ongoing investigation.

According to Trail Creek Police, though, the 16-year-old LaPorte boy who
suffered the gunshot wound to the leg was discovered lying in Neitzel?s
back yard with the injury by officers responding to a burglary complaint.

The gunshot victim and a 17-year-old Trail Creek boy were charged in
juvenile court with residential entry and attempted burglary.

Their names were not released.

Jason Lisenko, 19, of Michigan City is charged as an adult with the same
offenses.

Neitzel said ?a lot of money? his wife had saved from tips she collected as
a waitress and her jewelry were taken in last week?s burglary.

It?s not been determined whether the second burglary involved the same
suspects, but Neitzel?s assessment was: ?They didn?t get away with it this
time.?