Robert Birtwhistle is 84 years old. Back in February, 200-pound, 6-foot-1-inch James Rosebush allegedly broke into Birtwhistle's Mishawaka (IN) home and tried to attack him. Because Birtwhistle used a .32 caliber revolver to defend his own life, the 40-year old Rosebush will never see 41. It's a justifiable use of force if there ever was one.

But the local prosecutor is refusing to return Birtwhistle's revolver. Publicola reports that the Indiana DA has pretty much stolen the octogenarian's gun. (That's a man with eight arms for you people who went to public skool.)

84 year old man shoots a burglar. DA calls it justifiable homicide. That was February. They still have his gun. Wanna know the reasoning?

"Chief Deputy Prosecuting Attorney Frank Schaffer said Birtwhistle's revolver is part of a death investigation, and he'll never see it again.

'We keep weapons for evidence for our own records,' Schaffer said. 'You never know what's going to happen, so we keep it all."

Frank Schaffer. Worthwhile to remember his name, since it's not too often you run into a thief so proud of his work that he justifies it to the press. It's a wonder they didn't seize his house; after all that's where the incident happened.

I would suggest the old man complain about the theft to the proper authorities, but then the gun would be evidence in a criminal investigation and he'd be right back where he started.