Marion County Prosecutor Terry Curry announced Tuesday that his office filed a motion with Marion County Superior Court to have a special prosecutor assigned to the Aaron Bailey case.
On June 29, Bailey was shot and killed by Indianapolis Metropolitan Police Department (IMPD) officers following a short vehicle pursuit on the city’s northwest side.
Kenneth P. Cotter, prosecuting attorney of St. Joseph County, was appointed to take over the case, including deciding whether or not it will be presented to a grand jury. Cotter, who served as deputy prosecuting attorney for 20 years, became St. Joseph County’s prosecutor in January of 2015. According to information shared on the Indiana Prosecuting Attorneys Council (IPAC) website, he has prosecuted more than 250 felony trials, 40 of which were murder trials, and he was selected to serve on the Executive Committee for IPAC. During his 2014 election campaign, Cotter garnered an endorsement from the Fraternal Order of Police Lodge #36.
Curry said several factors were considered in the decision to appoint Cotter, including the Marion County Prosecutor’s Office current investigation into the recent shooting death of Lt. Aaron Allan, of the Southport Police Department.
“Some suggested that the perception of the public is perhaps often more important than reality,” Curry said. “If there are individuals in the public that perceive that the police agency or the prosecutor’s office could not be fair and impartial, the fact that a police agency or a prosecutor could do so is not controlling.”
Curry said his office was concerned about the public perception that could be created as a result of them prosecuting an individual for the shooting death of a public safety officer while, at the same time, perhaps passing judgment on the officers involved in shooting Bailey.
“Let me be as direct and emphatic as I possibly can,” Curry continued. “We have absolute trust and faith in IMPD and its investigators to undertake a fair, complete, impartial, thorough investigation of this matter. We have the privilege of having phenomenal leadership in Chief (Bryan) Roach, and the public has the additional assurance that the FBI is monitoring the investigation.”
In a statement released to the media, Indianapolis Mayor Joe Hogsett said he applauds the decision and has directed IMPD to fully cooperate with Cotter’s office. “I also want to echo the hope of many in our community that this criminal investigation will be completed both responsibly and expeditiously. Prosecutor Curry deserves our thanks for his efforts to promote transparency and ensure the public’s trust in this ongoing criminal investigation,” Hogsett said.
Kim Brown, Bailey’s sister, said her family feels “a glimmer of hope.”
“It makes me feel hopeful given that Mr. Curry has taken into account the difficulty (of) this case. … I’m thankful that he noticed and requested the special prosecutor so that we could move forward in this case,” she said. “Right now we know it’s still an uphill battle; we feel that something is moving.”
“This is definitely step one,” said Satchuel Cole, vice president of local activist organization DON’T SLEEP. The group has organized several actions, asking members of the community to call Curry’s office to make this recommendation. They have since redirected their efforts to Cotter’s office. “We’re very happy that we got the special prosecutor. Step two is to fire these officers, step three charge these officers.”
“This is definitely step one,” said Satchuel Cole, vice president of DON’T SLEEP. The group organized community efforts to urge the appointment of a special prosecutor. (Photo/Ebony Chappel)
