WHITESTOWN, Ind. (WXIN) – An Indiana man has been charged in the fatal shooting of a member of a cleaning crew who mistakenly showed up on the front porch of his home earlier this month.
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, according to court documents.
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The Boone County prosecutor announced the charge on Monday. He also said he doesn’t believe Indiana’s Stand Your Ground laws apply in this case.
What does the probable cause affidavit state?
A probable cause affidavit indicates that officers with the Whitestown Metropolitan Police Department were dispatched to Andersen’s home 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 his wife, 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.
Andersen reportedly refused to exit his home for “some time” after law enforcement requested he do so. When he did exit, officials searched the home and found a handgun and a spent cartridge casing, the documents said.
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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 to clean a model home in the neighborhood. But she and Mauricio Perez-Velasquez had mistakenly arrived at the door of Andersen’s home, incorrectly believing it to be the model house.
Andersen reportedly told police during an interview that he “heard a commotion at the door” that morning and heard what he believed 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 also told officials 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.
During this time, Anderson told police, “the individuals were ‘thrusting’ at the front door to get in, with what he described as getting more and more aggressive,” the documents said.
Andersen then fired a shot toward the front door of the home, according to another resident who spoke with officials.
“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.”
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In an interview with law enforcement, Mauricio Perez-Velazquez said he and his wife were part of a cleaning crew. He told police they were assigned to clean a model home in the area and had received an address and a set of keys from their boss. They had never been to the home before and instead mistakenly arrived at Anderson’s home, where they attempted to unlock Andersen’s door with the keys.
He “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 never heard any voices from inside the home and “did not use force of any kind,” he said.
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.
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Prosecutor says office sifted through ‘every piece of evidence’
The Boone County Prosecutor’s Office, earlier this month, said they were sifting through “every piece of evidence” to ultimately decide if the shooting was justified.
Speaking with reporters on Monday, Boone County Prosecutor Kent Eastwood said his office took about a week to review the evidence before coming to a decision about charges for Andersen. He also said he does not believe Indiana’s Stand Your Ground laws protect Andersen in this instance.
“It is vitally important for the citizens of Boone County to understand that our decision today in no way should be interpreted as a challenge to Indiana Stand Your Ground law, or a person’s right to self-defense. We will respect those laws, believe in those laws, and uphold those laws,” Eastwood said.
“Based upon the particular evidence and circumstances of this case, we have determined that Curt Andersen’s actions do not fall within the legal protections provided by the Indiana Stand Your Ground law.”
Eastwood stressed that Andersen remains “presumed innocent” until proven guilty in a court of law. Andersen’s initial hearing is expected to be held this week. Eastwood said he’s being held on a no-bond hold.
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.
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.”
Andersen’s attorneys ‘disappointed’ with criminal charge
Guy Relford, Andersen’s attorney, has 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.”
