October 4, 2005


Judge who pointed gun at teen quits



ELKHART, Ind. -- A judge who pointed a handgun at an 18-year-old while searching for his runaway teenage daughter two years ago has resigned from office.
Elkhart Superior Court Judge L. Benjamin Pfaff wrote in a letter to the Indiana Supreme Court on Monday that he was giving up the fight to keep his job. A panel of judges last month recommended that the high court remove Pfaff from office for his actions in 2003.
 
 
"I apologize to the young people who were involved in the events underlying the charges of misconduct which were brought against me," Pfaff wrote. "I am deeply remorseful for the negative impact my actions have had on all those directly involved in this situation. I also regret the negative reflection of my conduct on my colleagues on the bench and at the bar.

Pfaff's resignation, however, does not end the disciplinary case against him as the Supreme Court could still suspend his law license and order that he never again be eligible to serve as a judge.
The Indiana Commission for Judicial Qualifications sought Pfaff's removal from the bench after he was accused of pulling a gun on a man and then lying to investigators about the confrontation. Pfaff was suspended last month, pending the outcome of the disciplinary case.

Bryan Schiltz told police investigators he and his roommate returned home Dec. 8, 2003, after receiving a phone call that Pfaff was waiting for them. Schiltz said that when he arrived at his home, Pfaff ran from inside, grabbed him and pulled out a gun.

The judges panel said Pfaff's concern for his daughter did not justify his misconduct.

if I did that I'd be arrested and all my guns confiscated.  The same treatment should be applied to the judge.   BTW, I found the first documented use of "draw down" linky

I think there's WAY too little information about the incedent to pass judgement. Notice how the judge never said he did anything wrong, and we only have the kid's side of the story.

Drawing on someone : No problems
Lying about it : Problem.

sounds like the judge got angry and did something stupid

Quoted: Drawing on someone : No problems Lying about it : Problem.

Amen.  They will ALWAYS catch you in a lie.  That can turn a perfectly legal and acceptable sitiuation into a felony.

like most judges i know he was probably drunk as well

Quoted: like most judges i know he was probably drunk as well

LMAO!And pissed the midget hooker left early.

Unless it was self defense, he should be a convicted felon.

IC 35-47-4-3
Pointing firearm at another person
    Sec. 3. (a) This section does not apply to a law enforcement officer who is acting within the scope of the law enforcement officer's official duties or to a person who is justified in using reasonable force against another person under:
       (1) IC 35-41-3-2; or
       (2) IC 35-41-3-3.
   (b) A person who knowingly or intentionally points a firearm at another person commits a Class D felony. However, the offense is a Class A misdemeanor if the firearm was not loaded.
As added by P.L.296-1995, SEC.2.

Quoted: Drawing on someone : No problems Lying about it : Problem.