INDIANAPOLIS -- The two IMPD officers who shot and killed Aaron Bailey in June have been suspended, and Chief Bryan Roach has recommended they be fired.
The officers, Carlton Howard and Michael Dinnsen, went before the IMPD Firearms Review Board on Friday and answered questions about what happened on June 29. The five-person board then provided their opinions to Roach.
The actions of the two officers "did not comply with IMPD training and policy," the board unanimously concluded.
Bailey was driving just before 2 a.m. on June 29 when police pulled him over for a traffic violation near the intersection of Burdsal Parkway and Riverside Drive. At first, Bailey and his passenger, Shiwanda Ward, 26, handed over their IDs. When the officers at the scene checked Bailey's ID, they learned he had convictions and was a suspect in multiple robberies, according to a 16-page document released by the special prosecutor in the case.
The officers learned Ward was "being monitored" in a homicide, although it's unclear whether she was considered a suspect or a witness, or even which homicide.
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One officer asked Bailey to step outside the car, since he was on a suspended license. According to the report, Bailey was acting so nervous that Ward was telling him to calm down. Instead of getting out of the car, Bailey sped from the scene and crashed into a tree near the intersection of 23rd and Aqueduct streets.
Moments after the crash, the officers said they exited their vehicle and approached the car, yelling for Bailey and Ward to put their hands up.
The officers said Ward complied, but that Bailey instead began to “rummage” around in the vehicle’s center console. Dennisen said he yelled for Bailey to put his hands up 7-10 times, and that he heard Howard yell that Bailey was looking for a weapon.
At that point, Dennisen said Bailey, continuing to ignore his orders to put his hands up, turned toward Howard. Believing Bailey was about to shoot Howard, Dennisen said he then fired at Bailey five times through the back windshield.
Bailey was struck four times. No weapon was found in Bailey's car or in his possession.
On Tuesday, special prosecutor Kenneth P. Cotter announced he wouldn't file charges against the officers.
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After discussing the board's findings, Chief Roach said he did not find sufficient reason to believe deadly force was necessary to affect Bailey's arrest. He also found no reason to believe Bailey posed a threat of serious injury or death to the officers or another person.
The chief recommended to the Civilian Police Merit Board that they be fired based on the following factors, per an IMPD release:
• After considering IMPD’s training and policies, the facts presented to the Board, the Board’s recommendation, the opinions of his executive staff, and his own 27 years of experience, Chief Roach reached the following conclusions: Sufficient reason did not exist to believe that deadly force was necessary to affect the arrest of Mr. Bailey, nor to believe Mr. Bailey posed a threat of serious bodily injury to the officer or any third person.
• There was a failure by the officers to apply their training regarding high-risk traffic stops, which would have allowed them to better assess the situation. By following IMPD training, the officers would have allowed themselves time, distance, cover, and a safer encounter for the officers, Mr. Bailey, and Ms. Ward.
• One of IMPD’s values states: The protection and perseveration of life is our fundamental objective. We will only use deadly force when necessary to protect the life of a citizen or officer and when other options are not reasonably available. There were other reasonable options available to the officers in this incident.
The Civilian Review Board will likely not meet until sometime next year -- in order to give the officers time to prepare their case, according to Call 6 sources.
Indianapolis Mayor Joe Hogsett released the following statement:
“Indianapolis is blessed to have a police department made up of men and women that wake up each morning dedicated to protecting and serving this city. The work they do is difficult and at times dangerous, yet they remain steadfast in their commitment to building and strengthening bridges between our law enforcement and the community. We owe it to these brave officers to ensure that those who represent the police department, and our city, are upholding the high standards that make the Indianapolis Metropolitan Police Department one of the best in the country.
Throughout our history, Indianapolis has always been at its best when our residents are united by those compassionate principles that call us together as one city. And for two years, I have dedicated myself and this administration to the pursuit and furtherance of those things that unite us, rather than divide us. It is because of that work, and the resiliency I observe across our city every day, that I remain more confident than ever in the community and public safety leaders who continue to work to grow and deepen bonds of trust between our neighborhoods and police department.”
Craig Karpe, the attorney for Bailey's estate, released the following statement:
The Bailey family is disappointed that the officers will not be prosecuted, but glad they will at least be terminated from IMPD.
The family of Bailey spoke for the first time following the chief's decision:
Bailey's family is suing the city on the claim that a "culture of indifference" has permeated the department. The lawsuit claims IMPD and Indianapolis failed to train its officers on the use of force and implicit bias. The lawsuit also charges the city with failing to hold its officers accountable for not using body cameras.
Monday evening, the Indianapolis Fraternal Order of Police, Lodge #86 released a statement on the chief's decision:
“This is a tragedy for all involved. We understand and appreciate the public’s concern whenever officers are faced with the difficult, split second decision to defend themselves and others against a potentially armed suspect.
We are seeking further documentation to better understand the basis for the Chief’s decision as it relates to departmental policies, departmental training, and especially in light of the published decision of the Special Prosecutor.
In the interim, the police department has procedures in place that make sure there is a fair and impartial review of all allegations. We take the decision of the Chief of Police seriously and we are diligently working to obtain all of the information surrounding this matter as soon as possible. It remains our objective to ensure a thorough review and a fair process for everyone.”
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