***MEDIA ADVISORY***

FOR IMMEDIATE RELEASE: December 28, 2017

NO INDICTMENT RETURNED BY GRAND JURY

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

The Elkhart County Grand Jury investigating the shooting of a juvenile male on May 7, 2017, returned a verdict of “No Bill” yesterday afternoon, declining to subject Special Agent Kyle Perry to any criminal charges for his actions in injuring the juvenile. Perry, a police officer employed by the Norfolk Southern Police Department, used deadly force while assisting another officer in trying to stop the driver of a car that had been fleeing from police. After driving through a private yard and being partially blocked in, the driver of the suspect car accelerated backward, almost striking Agent Perry, at which time he fired seven (7) shots at the driver. The driver was hit in the shoulder by one of the shots, all other shots hit areas within the car and were later recovered. The driver was treated and released after an overnight stay in the hospital.

The circumstances which led to police trying to stop the driver involved an Elkhart Police officer observing the car pull out of an industrial area without its headlights activated shortly after 11:00 p.m. on Sunday, May 7, 2017. The car sped south, weaving from lane to lane and travelling at excessive speeds, at which time the initial officer activated his emergency lights and sirens and attempted to perform a traffic stop. However, the driver of the suspect car continued to flee for approximately two (2) miles, disregarded stop signs, and continued traveling at excessive speeds along County Road 3, County Road 118, County Road 22, County Road 100, and across County Road 20 where it entered a private driveway and yard area before entering County Road 20 again where it briefly stopped due to police presence. Agent Perry had been monitoring the police radio system and was aware the pursuit was approaching his location. As there were no other officers in the general area, Agent Perry, with his emergency lights and sirens activated, observed the suspect vehicle travel across County Road 20 in front of him and into the private yard, and followed in an attempt to assist in the stop. When the suspect vehicle did stop, Agent Perry got out of his vehicle to attempt to secure the driver of the suspect vehicle. However, the driver of the suspect vehicle engaged the reverse gear and accelerated backward into the area where Agent Perry was located. Agent Perry used deadly force as he believed he was in danger of imminent serious bodily injury or death.

Later investigation documented that the suspect vehicle had been stolen from a local body shop by the driver, who was a thirteen (13) year old male that had been wandering for hours after arguing with his guardians and being reported as a runaway. The juvenile male was charged and adjudicated as a delinquent child in the Elkhart Circuit Court – Juvenile Division for auto theft, fleeing police, and reckless driving, and was returned to his mother in Los Angeles, California, to carry out the terms of his sentence under supervision of the California Court system.

Indiana Code section 35-44.1-3-3 requires a motorist to stop when a police officer orders one to do so by operation of lights and/or sirens to investigate potential violations of Indiana law.  This mandate is for the safety of not only other motorists traveling on the roadways of Indiana, but also for the safety of the police officer, and the motorist in the subject vehicle.  Operation of a motor vehicle in an unsafe manner can cause very serious injury or death to the driver or to other innocent people in the vicinity.  Please exercise reasonable care while driving, and do not engage in reckless driving behavior as the consequences may turn out to be irreversible.

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