When the State of Indiana files a criminal charge, it does so for a reason. Sometimes the reason is obvious. Other times, the charging decision tells you exactly how prosecutors are interpreting the facts. The recent Whitestown shooting is a perfect example of this. The State charged Curt Andersen with voluntary manslaughter, not murder, not reckless homicide.
That choice matters.
According to the charging information, prosecutors allege that Andersen knowingly killed Maria Florinda Rios Perez De Velasquez while acting under sudden heat . To understand why voluntary manslaughter fits this situation, you need to understand two things:
- What voluntary manslaughter actually means under Indiana law
- How “sudden heat” distinguishes this crime from murder and self-defense
This blog breaks that down in plain English, using the actual statute, real Indiana case law, and the facts laid out in the probable cause affidavit.
If you are facing criminal charges of any kind, you need an experienced criminal defense attorney now. The Marc Lopez Law Firm handles cases like this every day, and we know how to protect your rights and tell your story the right way.
What Indiana Law Says About Voluntary Manslaughter
Under Indiana Code section 35-42-1-3(a), a person commits voluntary manslaughter when they:
“Knowingly or intentionally kill another human being while acting under sudden heat.”
Voluntary manslaughter is a Level 2 felony, which carries a sentencing range of 10 to 30 years, with an advisory sentence of 17.5 years.
Murder, on the other hand, carries 45 to 65 years, with an advisory of 55 years.
The key difference between murder and voluntary manslaughter is the presence of sudden heat.
Indiana courts have made it clear that voluntary manslaughter is not a lesser killing. It requires the same level of intent as murder. The only thing that reduces the offense from murder to voluntary manslaughter is the existence of sudden heat.
The Indiana Supreme Court put this plainly in Brantley v. State: voluntary manslaughter requires a knowing killing, just like murder, but sudden heat is a mitigating factor that lowers the offense level .
This is important. Voluntary manslaughter is not an accident. It is not self-defense. It is an intentional act, but one carried out while the person was overwhelmed by emotion.
What “Sudden Heat” Means in Indiana
Sudden heat is a legal term, but it describes a very human experience. Indiana courts define sudden heat as:
“Anger, rage, resentment, or terror sufficient to obscure the reason of an ordinary person.”
To put this in practical terms, sudden heat exists when:
- Someone is genuinely provoked
• Their emotions override their clear thinking
• That emotional reaction directly causes the killing
Sudden heat does not excuse the act. It explains it. It is a mitigating factor, not a defense.
This is why sudden heat and self-defense are not the same thing.
A person acting in sudden heat is not acting reasonably.
A person acting in self-defense must act reasonably.
The Supreme Court in Brantley emphasized this very point: the same fear or terror can either support sudden heat or support self-defense, and it is ultimately the jury’s call to decide which story the facts support .
This is why prosecutors carefully choose which charge to file.
If they believe the fear was real but the reaction was unreasonable, voluntary manslaughter is the legal match.
Why the State Charged Voluntary Manslaughter in the Whitestown Case
To understand the prosecutor’s thinking, look at the probable cause affidavit.
What do the allegations say?
- Around 6:50 a.m., two cleaning workers mistakenly went to Andersen’s home.
• They tried different keys, believing they were at a model home.
• There was no force, no pounding, no shouting, no attempt to break in.
• Andersen did not speak through the door or announce himself.
• Andersen retrieved his firearm, loaded it, chambered a round, and fired through a closed, locked door from the top of the stairs.
• The shot struck and killed Maria Perez.
• The door was still locked.
• Crime scene investigators found no forced entry.
The State’s charge says Andersen knowingly killed another human being while acting under sudden heat.
Why sudden heat?
Because prosecutors likely believe Andersen was genuinely terrified in the moment, but his reaction was emotionally driven and unreasonable.
His fear may have been real.
But firing through a locked door without confirming a threat is not legally reasonable.
This is the exact kind of scenario Indiana law places between:
Murder (intentional and unjustified),
and
Self-defense (intentional but legally justified).
Voluntary manslaughter is the legal middle ground.
Why Prosecutors Say Stand Your Ground Does Not Apply
Many people see “homeowner shoots someone at the door” and assume Stand Your Ground or the Castle Doctrine will apply. Indiana has strong self-defense protections, but those protections have specific limits.
Indiana’s Castle Doctrine requires:
- A reasonable belief that deadly force is necessary
- An actual or attempted unlawful entry
According to the probable cause affidavit:
- No one entered the home
• No one attempted to force entry
• The door was locked
• Andersen fired before confirming any threat
• Andersen gave no warning and no verbal commands
• He did not look to see who was at the door
Even if Andersen felt terrified, the law still requires the fear to be reasonable.
Stand Your Ground is not a license to shoot anyone who jiggles the wrong doorknob. The law requires more than fear. It requires a reasonable belief in an imminent threat.
The State’s position appears to be:
Fear: real
Reaction: unreasonable
Self-defense: does not apply
Sudden heat: might apply
That is why this case is charged as voluntary manslaughter.
What the Brantley Case Teaches About Sudden Heat and Self-Defense
The Indiana Supreme Court’s decision in Brantley is one of the clearest explanations of how sudden heat and self-defense interact in real life.
The Court emphasized:
- Both sudden heat and self-defense can arise from the same facts
• Both can be argued to the same jury
• The jury decides whether the defendant acted reasonably (self-defense) or unreasonably (sudden heat)
• Sudden heat is a mitigating factor, not an element
• There must be some evidence of sudden heat to support the charge
This is exactly why voluntary manslaughter makes sense in the Andersen case. Prosecutors are signaling they see evidence of real fear, but not evidence of reasonable self-defense.
What Andersen Is Facing Legally
Based on the charging information, Andersen is accused of violating:
Indiana Code 35-42-1-3(a)
Voluntary Manslaughter
Level 2 Felony
The sentencing range for a Level 2 felony is 10 to 30 years, with an advisory of 17.5 years.
Compare that to murder, which carries 45 to 65 years, with an advisory of 55 years.
That difference is why sudden heat matters so much in Indiana criminal law. It can shave 15 to 35 years off a potential sentence.
A Tragic Case on Every Level
No matter how the case unfolds, this is a tragedy from every angle.
- A woman lost her life while doing her job.
• A homeowner made a split-second decision driven by fear.
• The law must decide whether that fear was reasonable or unreasonable.
The case is far from over. Andersen is innocent until proven guilty. His attorneys will almost certainly pursue a self-defense argument, and the jury will ultimately decide which legal framework applies.
Sudden heat?
Self-defense?
Neither?
That is the job of the court system.
If You Are Facing Criminal Charges, Do Not Wait
Cases involving fear, self-defense, sudden heat, or use of force are some of the most complicated and high-stakes cases in Indiana criminal law. The consequences are severe, and the legal issues are nuanced.
If the police want to speak with you
If detectives are asking questions
If you have been charged or expect charges
You must protect yourself.
Do not explain. Do not justify. Do not try to “clear things up.”
Plead the 5th and call the Marc Lopez Law Firm.
Our team has handled countless self-defense and homicide-related cases. We know the law. We know the strategy. We know how to fight for your freedom.
Make the Right Call
If you or a loved one are facing criminal charges anywhere in Indiana, call the Marc Lopez Law Firm at 317-632-3642.
We help good people through the worst moments of their lives.
We fight.
We protect.
We defend.
And remember: always plead the 5th.