The two Indianapolis Metropolitan Police Department (IMPD) officers who fatally shot Aaron Bailey, 45, have been suspended, and IMPD Chief Bryan Roach has recommended their termination to the Civilian Police Merit Board.
Officers Michael Dinnsen and Carlton Howard fired 11 shots into the back of Bailey’s car following a June 29 traffic stop and car chase. A special prosecutor was appointed to determine whether the killing merited criminal charges. Last week, that prosecutor, Kenneth P. Cotter of St. Joseph County, failed to indict the officers.
Following the administrative review within IMPD — which occurred while Cotter’s criminal investigation played out — the Firearms Review Board unanimously determined the officers’ actions were not in compliance with IMPD training and policy and passed that decision to the chief.
“Chief Roach reached the following conclusions: Sufficient reason did not exist to believe that deadly force was necessary to effect the arrest of Mr. Bailey, nor to believe Mr. Bailey posed a threat of serious bodily injury to the officer or any third person,” an IMPD news release said, adding that the officers failed to apply their training regarding high-risk traffic stops — which would have resulted in a safer situation for all involved — and declined to use “other reasonable options.”
IMPD’s use of force policy says officers can use deadly force only if the officer:
n “Reasonably believes that the force is necessary to prevent the commission of a forcible felony;
n“Has probable cause to believe that the deadly force is necessary to effect an arrest of a person who the officer has probable cause to believe poses a threat of serious bodily injury to the officer or third person; and
n“Has given a warning, if feasible, to the person against whom the deadly force is to be used.”
The policy defines “reasonable belief” as a situation in which “the facts or circumstances the officer knows, or should know, are such as to cause an ordinary and prudent person to act or think in a similar way under similar circumstances.”
The IMPD statement announcing Roach’s decision concludes that the officers’ violation of the policy “rises to a level so far removed from accepted professional practice and community expectation that it severely damages public trust of its police department. Such harm to the public trust requires the separation of the two officers from their employment with IMPD.”
The Merit Board will decide whether to sustain or overrule the chief’s recommendation, and IMPD Sgt. Chris Wilburn says there are many possible outcomes.
“The chief’s recommendation isn’t binding,” Wilburn said, “but the chief has made it apparent that they can’t work for the agency.”
The Merit Board has disagreed with recommendations from chiefs in the past. In one high-profile case, the board declined to uphold the termination of Officer Jerry Piland, who had been fired for using excessive force in the beating of 15-year-old Brandon Taylor. The board voted 6–1 in that 2010 decision. In another case, the board voted in 2015 against then-Chief Rick Hite’s decision regarding Officer Johnathan Burger, who was accused in a domestic battery case. The criminal charges against Burger were eventually dropped, too.
If the board overrules the chief’s recommendation, Wilburn said it doesn’t necessarily mean Officers Dinnsen and Howard will go back to business as usual.
“The chief, through his advice from city legal, they might work something out,” Wilburn said, stressing that there are many variables at play.
The Merit Board meets monthly, but Wilburn said it hasn’t been determined yet when they will hear the officers’ case. The officers will have an opportunity to gather character witnesses and any other defense materials prior to appearing before the board.
“That process could be two to three weeks, or it could be after the holidays. It’s all contingent on the board’s schedule,” Wilburn said.
The Merit Board is comprised of seven members who each serve a four-year term. Four members are appointed by the mayor, one is selected by the City-County Council and two others are elected by a majority vote of the active members of IMPD. Current board members are Nikki Moore, K.P. Singh, Joe Slash and David Wantz, who were appointed by the mayor; and Michael Morken and Darryl Pierce, who were selected in the voting process. The Council’s appointee slot is vacant. The current board members’ terms expire Dec. 31, 2018.
Attorney Craig Karpe, representing Bailey’s family in a pending civil suit, said the family was glad to hear of the chief’s recommendation, but it wasn’t enough.
“The family was disappointed to see the press release issued by the police regarding the discipline appeared to lay the entire blame on the police officers for failing to follow training and procedures, as opposed to recognizing that there’s a lack of proper training and procedures in the police force,” Karpe said.
As for the civil suit, much like the Merit Board’s decision, it’s on pause while the defendants prepare their responses.
“The defendants have moved for an enlargement of time to answer, and that will be coming to an end soon,” Karpe said. “Nothing will really take place until they file their answer and we have an initial scheduling hearing with the federal court.”
Though certain parts of the aftermath of Bailey’s shooting are concluding, such as the criminal investigation and the chief’s administrative review, Karpe said there’s still a long road ahead.
“We continue to pursue justice on behalf of Aaron Bailey, and this is a long journey and we’re just getting started.”
