FOR IMMEDIATE RELEASE: February 21, 2019


Media Contact: Vicki Elaine Becker (574) 296-1888

In the early morning hours of December 14, 2018, in the vicinity of Elkhart Road (US 33) and the County Road 17 overpass in Goshen, a Goshen Police Department (GPD) officer was monitoring traffic when his attention was drawn to what sounded like two gunshots coming from an area just under the overpass. The officer observed a pick-up truck travelling north emerge from under the highway and immediately began following it. The officer called for back-up and observed the truck travel at excessive speed and disregard a red light, at which time the officer attempted to stop the truck for the violations and for further investigation.

The officer found the truck to be driven by Brody Brown, also of GPD, with two additional passengers. One of the passengers, Kyle Kalb, exited the truck and began approaching the officer, who recognized Kalb as a patrol division supervisor at GPD. The officer ordered Kalb back to the truck at that time and several back-up officers began arriving. Upon approaching the driver of the truck, the officer observed that Brown demonstrated signs of alcohol use and removed him from the truck for further investigation. As the suspected impaired driving offense immediately became the focus of the initial officer, investigating the possible gunshots was left to other officers that remained on-scene.

Brown was fully cooperative with the officer’s questioning and consented to a certified chemical test after failing a field sobriety test. The officer transported Brown to the Goshen Police Department where the investigation for operating a vehicle while intoxicated (OWI) was completed and Brown was arrested and jailed accordingly. During the OWI investigation, Brown was apologetic and made admissions regarding his alcohol use and driving; however, he advised he did not know who had fired the gun, only that it was one of his passengers. Brown stated that the sound surprised him and angered him, but claimed he could not discern which passenger, in fact, had fired the shots. Brown surrendered the weapon he had been carrying which was found to be fully loaded.

While the initial officer was performing the investigation of Brown’s suspected OWI, Captain M. Miller, GPD, was the supervising officer on the scene on Elkhart Road. The passengers in Brown’s truck were identified as Kyle Kalb, an off-duty Goshen Police officer, and Leonard Dolshenko, an off-duty Elkhart Police officer. Captain Miller approached the truck and spoke to Kalb and Dolshenko regarding the sound of shots. Both Kalb and Dolshenko refused to respond. Lt. Clere, GPD, also present on scene, approached the truck and spoke to Kalb and Dolshenko regarding the sound of shots. Neither Kalb nor Dolshenko admitted any knowledge of shots having been fired. Shortly thereafter, rather than securing the passengers and the truck to further the investigation, Captain Miller moved the truck from the roadway to a nearby parking lot and instructed Kalb and Dolshenko to get a ride home. No further attempts to locate or secure evidence from the two off-duty officers were made at the time.

Lt. Clere and several other officers from different police agencies began searching along the roadway and grassy areas south of the underpass for ammunition casings or other evidence of shots being fired. After several hours of searching, no evidence was located.

Goshen Police Administration was notified and immediately recognized proper protocols were not followed and contacted the Elkhart County Sheriff’s Office to take over the investigation into the allegation of shots fired. Kyle Kalb was formally interviewed and advised that he could not recall what occurred regarding any alleged shooting as he had no memory due to his level of intoxication. However, Kalb was able to recall details of many other events that occurred that evening without pause. In addition, Kalb admitted that he owned several guns, and that he had found one of his personal hand guns was missing two rounds upon examining same the next day. Nevertheless, Kalb advised he did not believe he had that gun with him the night of the event and certainly did not recall firing a gun from the vehicle.

Leonard Dolshenko was also interviewed and advised he could not recall what occurred regarding any alleged shooting due to his level of intoxication. However, Dolshenko was also able to recall other details of the events of the evening.

Upon conclusion of their investigation, the Elkhart County Sheriff’s Office forwarded their case to the Office of the Prosecuting Attorney for review. The Prosecutor reviews the case from a legal perspective to determine whether there is sufficient evidence to warrant a criminal charge. In this case, the Office of the Prosecuting Attorney lacks admissible evidence to discern whether a criminal act actually occurred, or who the actual offender may be to a level of “beyond a reasonable doubt” due to the lack of appropriate investigation at the time of the suspected offense.

There is no question that the failure to immediately secure the truck and the witnesses, and especially the lack of information provided by the witnesses, had a significant detrimental impact on the State’s ability to determine what, if any, criminal acts may have occurred. The failure of the officers that remained on the scene of Elkhart Road to complete their responsibility to investigate the report involving reckless use of a firearm prevented the State from being able to move forward in any meaningful way. Without credible and reliable evidence, the State is unable to proceed with official interventions toward protecting public safety.

The Office of the Prosecuting Attorney is aware that additional information regarding the discharge of a firearm on December 14, 2018, became known during the internal investigation conducted by the Goshen Police Department. However, the information obtained through that process is not available as evidence in a criminal proceeding as a matter of established law. Accordingly, while the Goshen Police Department is able to proceed with consequences for these events, the State is unable to proceed with any actions beyond what has already occurred.

Brody Brown pled guilty on January 22, 2019, accepting responsibility for his actions and the consequences common for an OWI offense, including a short time in jail, fines and costs of the action, evaluations to determine if substance abuse treatment is warranted, and he will be under probation supervision and regulation toward his rehabilitation until January of 2020.


“Under Indiana law, all persons arrested for a criminal offense are innocent until proven guilty in a court of law.”