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Man charged with shooting two judges outside Indy White Castle claims it was self defense

Posted at 12:35 PM, Feb 25, 2020
and last updated 2020-02-25 21:55:07-05

INDIANAPOLIS — The man accused of shooting two judges outside a White Castle in Indianapolis claims he was only defending himself.

New documents filed Tuesday by Brandon Kaiser's lawyer claim that the three judges, Sabrina Bell, Andrew Adams and Bradley Jacobs, instigated the attack against Brandon Kaiser and his friend on May 1, 2019.

The initial court documents filed against Bell, Jacobs and Adams, back in October 2019 say that the incident began when Kaiser and his friend drove by in a white SUV and yelled something at the judges. Those documents state that Bell then "extended her middle finger to the occupants of the SUV." The men then parked the SUV and confronted the judges, which is when the confrontation began.

According to the court documents filed on February 25, Kaiser claims he was just walking into White Castle to get something to eat when he was "choked, beaten and slammed around" by Adams and Jacobs. Kaiser claims he did not make any physical contact with the judges until it was "necessary in order to protect himself."

READ | Clark County judge pleads guilty to charges in connection with White Castle fight

The filing also claims that Kaiser was justified in using "reasonable force" to protect himself, because the two judges both have military training. Kaiser claims he was kicked in the head Adams while Jacobs held him down. He also says Bell tried to pull Jacobs off of him on at least two different instances.

Court documents also assert that Kaiser suffered "severe injuries to his face and body" from the attack.

Kaiser is facing 14 counts including aggravated battery, battery, disorderly conduct and carrying a handgun without a license.

READ | Three judges charged after shooting outside White Castle

You can read the full document filed by Brandon Kaiser's lawyer in Marion County on Tuesday below.

Comes now BRANDON KAISER, Defendant, by counsel, to notify the court that he will be asserting the affirmative defense of self-defense.

1. Indiana Code § 3541-3-2(a) states that “a person is justified in using reasonable force against another person to protect himself or a third person from what he reasonably believes to be the imminent use of unlawful force.”

2. “Self—Defense is recognized as a valid justification for an otherwise criminal act.” Miller v. State, 720 N.E.2d 696, 699 (Ind. 1999).

3. Self-defense is established if a defendant:

i. Was in a place where the defendant had a right to be;
ii. Did not provoke, instigate, or participate willingly in the violence; and
iii. Had a reasonable fear of death or great bodily harm. Wallace v. State, 725 N.E.2d 837, 840 (Ind. 2000); Jordan v. State, 656 N.E.2d 816, 817 (Ind. 1995).

4. Once a defendant claims self-defense, the State bears the burden of disproving at least one of the elements beyond a reasonable doubt. Brown v. State, 738 N.E.2d 27 I (Ind. 2000).

5. Defendant was in a place where he legally had a right to be, he was going to get food at a restaurant that was open to the public. Defendant was visiting a White Castle location that has a lobby that is open 24 hours a day, seven days a week.

6. The Defendant did not provoke, instigate, 0r participate willingly in the violence of his assault and did not make physical contact with his attackers until it was necessary in order to protect himself.

7. The Defendant was attempting to enter White Castle by pulling 0n the locked door when Judge Andrew Adams and Judge Bradley Jacobs started approaching him in a hostile manner. See Exhibit A, attached.

8. The Defendant was justified in using reasonable force to protect himself because he was attacked by two men with military training while he was attempting t0 enter a fast food restaurant.

9. The Defendant was Slammed into the concrete multiple times, his face was shoved into the concrete repeatedly, choked multiple times, and repeatedly beaten by two men. See Exhibit B, attached, showing Defendant being picked up and slammed into the concrete.

10. Defendant was kicked in the head by Judge Adams while being held down by Judge Jacobs. See Exhibit C, attached.

11. The Defendant repeatedly tried to escape his attacker’s hold, but the force used against him was too strong. Judge Sabrina Bell, who was there with the other two Judges, attempted at least two separate times to get Judge Jacobs off of the Defendant. See Exhibit D and E, attached.

12. The Defendant, who was repeatedly beaten, choked, and slammed around, was reasonable to fear that this assault would result in his death or severe injury.

13. That Defendant suffered severe injuries to his face and body as a result of the attack. See Exhibit F, attached, showing some of the injuries to Defendant’s face.