Jerry Lucas
The Bartholomew County prosecutor says a 74-year-old retiree sentenced last month to four years for firing a weapon toward his neighbor and his young daughter will never be allowed to legally possess a firearm again.
Jerry Lucas, who formerly lived on State Road 46 West, admitted in a plea bargain that he fired a shotgun in the direction of neighbor Justin Stott the evening of Nov. 24, 2022. The incident on Thanksgiving occurred as Stott and his 10-year-old daughter were driving toward Lucas’ back yard on a golf cart, trying to find their family cat. Although Stott received a minor wound to the neck, his daughter was uninjured.
Since the defendant was firing non-lethal birdshot from a distance, a charge of attempted murder as a Level 1 felony was dropped. In a plea agreement, Lucas plead guilty to battery by means of a deadly weapon as a Level 5 felony.
While Lucas had no prior criminal history, Bartholomew Superior Court 1 Judge James Worton concluded last January from witness testimony and counsel arguments that Lucas poses a danger to the public. The judge also felt that Lucas’ disdain for authority was evident when a SWAT team had to be called in to convince him to surrender.
Following the defendant’s arrest, law enforcement received a warrant to confiscate all the weapons from the suspect’s home, according to court records. If Lucas were not in jail or prison, he could have petitioned the court to have his weapons returned to him 180 days after they were taken.
Bartholomew County Prosecutor Lindsey Holden Kay said Lucas has been ‘red-flagged’ – a reference to Indiana’s ‘Red Flag Laws’ enacted in August 2012. Holden-Kay said she believes Lucas will never be allowed to legally possess a firearm again.
In essence, Red Flag laws say police may seize and keep firearms from mentally unstable or dangerous individuals. Although Lucas can petition the court for the return of his weapons after his release from prison, Worton or another judge must determine by clear and convincing evidence whether Lucas remains dangerous. If he remains a risk to himself and the public, the firearms will be retained until further notice of the court, and can be destroyed if held for five years.
Even without Red Flag laws, federal and Indiana laws state those convicted of a felony are not permitted to carry a firearm. There is also a separate code in Indiana that prohibits a person deemed to be a serious violent felon from possessing a firearm.
Worton, who said he doesn’t believe Lucas is remorseful for his actions, listed four aggravating factors in the case.
• A history of delinquent behavior.
• The degree of harm significantly exceeds that required to meet the burden of truth.
• The crime was committed in the presence of a minor under the age of 18.
• The defendant had made previous threats against the Stott family.
