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Source: N/A / Charlotte Metropolitan Police Department

The heartbreaking killing of a house cleaner who mistakenly arrived at the wrong address in Whitestown, Indiana, has now resulted in a criminal charge that prosecutors say is not only appropriate, but necessary. 

According to reports, on Monday, 62-year-old homeowner Curt Andersen was charged with voluntary manslaughter in the death of María Florinda Ríos Pérez de Velásquez, a mother of four who was shot at dawn on Nov. 5 while standing on Andersen’s doorstep, holding nothing more than a ring of work keys.

Boone County prosecutor, Kent Eastwood, announced that the decision to file the charge was reached following a “thorough and professional” police investigation, which included taped witness statements and crime scene diagrams, resulting in the decision that Andersen’s actions did not fall under the legal protections provided by the Indiana Stand Your Ground law, because Andersen lacked enough information to know if his actions were reasonable. 

“It’s our contention that the person did not have a reasonable belief that that type of force was necessary, given all the facts that he had at that time,” Eastwood said.

The shooting took place just before 7 a.m. in the Heritage subdivision, about 20 miles northwest of Indianapolis. As previously reported, María Florinda Ríos Pérez de Velásquez, 32, had arrived with her husband, Mauricio Pérez-Velásquez, to clean what they believed was a model home in a new development. GPS directions led them to the residence, and they attempted to enter using keys provided by their employer. They were at the door for less than a minute when a single bullet pierced the front door, striking María in the head.

Mr. Velásquez said that from the time they arrived at the home until he called 911 was approximately 2 minutes, and they were trying to gain access using the keys they were given for about 30 seconds to 1 minute, according to the affidavit.

“In that moment I never imagined she was going to die,” Mr. Vasquez told reporters in Spanish. “She didn’t fall because when they shot her, I caught her in my arms, and that’s where she passed away.”

Andersen’s attorney, Guy Relford, said they are “disappointed” by the decision to file the criminal charge and “look forward to proving in court that his actions were fully justified by the ‘castle doctrine’ provision of Indiana’s self-defense law.”

“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,” Attorney Relford said in a statement. “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.”

Relford also added that the law requires evaluating the moment from Andersen’s perspective, not with information learned after the shooting.

“The law does not allow a criminal conviction based on hindsight,” Relford continued. “Instead, Mr. Andersen’s actions must be evaluated based on the circumstances as he perceived them. For all these reasons, the castle doctrine clearly applies, and I look forward to defending Mr. Andersen in court.”

According to a probable cause affidavit, Andersen had been asleep when he heard a “commotion at the door” that grew more intense. He thought someone was using keys or tools on the front door. He told police he saw two figures outside and believed a break-in was underway. He said he loaded his handgun, went back to the windows, and saw the people “thrusting” at the door and getting more aggressive, according to the statement. From the top of his stairwell, he fired a single round through the closed door.

Police, however, say there was no evidence of forced entry and no burglary attempt.

The Velásquez family’s attorney, Alex Limontes, said the charge is “an important step toward accountability, truth, and justice, and it’s a step that Maria’s family deserves.”

“On the morning Maria was killed, she was simply arriving to clean a home,” Limontes told reporters during a press conference. “As we all know, Maria never made it inside the house. She was shot through a closed door. Maria was a mother, a wife, a sister, and a valued member of our community. Her life was taken in a manner that should never happen in any neighborhood in Indiana.”

This case joins a disturbing uptick in shootings across the country in which people have been wounded or killed after approaching the wrong home or driveway—children, seniors, and now a mother of four who was simply doing her job.

For Mauricio, there is no legal remedy that can return his wife and the mother of his children. He is now planning a funeral instead of a first birthday celebration.

Andersen faces 10 to 30 years in prison and a $10,000 fine if convicted, but the wound left behind is far larger.