Al-Saud v. State

ON PETITION TO TRANSFER

SULLIVAN, Justice.

Resolving a conflict which has emerged in opinions of the Court of Appeals, we hold that a firearm need not be loaded to create a substantial risk of bodily injury under Indiana's criminal recklessness statute, Ind. Code § 35-42-2-2.

Background

On October 31, 1992, fourteen year old Laith Al-Saud and several of his friends were at a house party when Jeremy Smith and Eric Smith walked by the house. Al-Saud and others ran outside and confronted the Smiths. Al-Saud and Jeremy had an argument and Al-Saud's friends began to beat Jeremy. Upon freeing himself,…