2 arrested in connection with murder on Indy’s southeast side

UPDATE:

Two men have been arrested for their alleged involvement in the killing of a man that took place on Thursday on Indy’s southeast side.

Kevin Lemaster, 40, and Benjamin Gardner, 47, were arrested and charged with Felony Murder and Burglary on Friday.

Kevin Lemaster, 40, and Benjamin Gardner, 47

INDIANAPOLIS, Ind. –Police say a person shot and killed one of three men attempting to burglarize a home on the southeast side of Indianapolis Thursday night.

Officers were called to the scene in the 6400 block of Winslow Drive at about 6:30 p.m.

Police believe the suspects had burglarized the home earlier in the day and were returning to steal more items.

Cpt. Robert Troutt said at the scene that the homeowner had arranged for someone to be in the house to catch the burglars.

“When they tried to come in, it got ugly,” said Cpt. Troutt.

Police say the person in the house shot and killed one suspect as he was trying to get in. The other two got away, one on foot and one in a vehicle, a black or blue Chevy van, according to police.

"Being able to protect ourselves and protect ourselves in our own home is one of the principles of our constitution protections," said Kevin Potts, a criminal law attorney in Indianapolis.

Potts said current Indiana code allows a homeowner to use deadly force if they reasonably believe it is necessary to stop a person from trespassing on their property. The home on Winslow Drive was for sale and vacant. Potts said more requirements must be met then.

"A person is justified in using reasonable force against another person to protect that person or a third party," he said.

Potts said someone who has permission from the owner to guard the property is protected under state code.

Anyone with information regarding the suspects or the incident is asked to call Crime Stoppers of Central Indiana at 317-262-TIPS.