In a case that highlights Indiana’s self-defense laws, 17-year-old Gabriel Hernandez was sentenced to 15 years in prison for fatally shooting a man who was caught rummaging through his mother’s vehicle.
Terry Ross, 18, died as a result of an incident on August 23, 2023, in the 7100 block of Pluto Drive on Indianapolis’ west side.
Hernandez, who was only 16 at the time of the killing, pleaded guilty to voluntary manslaughter, and the prosecution dropped charges of murder and dangerous possession of a handgun.
According to court filings, Hernandez’s mother called him that day after seeing strange behavior on her home’s Ring camera.
During his confession, he admitted to examining every automobile in the neighborhood while wearing a ski mask and sweatshirt. His mother reported that the video notice woke her up and startled her so much that she called for her son.
As the incident evolved, Hernandez got his mother’s rifle and shot the man, later identified as Ross, through a window.
Hernandez allegedly fired two rounds at Ross. The initial gunfire drove the disguised man to flee, but as he turned to run, another shot rang out. Police later discovered Ross, but he succumbed to his injuries.
According to court records, surveillance footage showed Ross checking Hernandez’s mother’s vehicle and attempting to access others in the area. However, investigators noted that they never saw the victim attempting to enter a home or appearing armed.
Hernandez’s defense team has been outspoken about the consequences of the case. Gabriel’s lawyers issued a statement depicting him as a child attempting to defend his family, rather than a monster deserving of heavy punishment.
“Gabriel is now a child serving a long prison sentence for trying to save his mom from a masked man moving around his property,” according to his lawyer. “His one hope is that his case can help save lives in the future.”
The letter also stressed Hernandez’s desire to teach peoaple about their rights and the needto knowg self-defense laws. His attorney accused the Indiana legislation of fostering misunderstanding about self-defense, citing the Castle Doctrine, which permits homeowners to use reasonable force to safeguard their property.
Criminal Attorney Josiah Swinney
Indiana law allows you to use reasonable force to defend yourself or another person against an assailant if you believe you are under imminent threat of unlawful force. Indiana’s self-defense laws also apply when defending yourself in an occupied car.