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Video from police shooting will not be released

Video from police shooting will not be released
Video from police shooting will not be released
Video from police shooting will not be released
Posted at 11:39 AM, Apr 11, 2016

INDIANAPOLIS -- The video showing part of a fight between an Indianapolis Metropolitan Police Officer and a man who the officer would shoot and kill will not be released to the public, Marion County Prosecutor Terry Curry said Monday morning.

Watch the full press conference in the video player above.

"It is not only my decision here that the video will not be released, it is my responsibility to see that it is not released," Curry said.

An officer shot and killed Kevin Hicks, 44, at about 9 p.m. on April 5 at the Marathon gas station at 10th and Rural streets. 

The officer was identified Monday as Robert Carmichael, a 6-year-veteran of IMPD. Carmichael is assigned to East District Middle Shift.  He's on paid administrative leave pending the outcome of the investigation.

CALL 6 |IMPD Officer who shot man disciplined twice before

According to police, a woman called 911 reporting that Hicks, who is her husband, was hitting her in her car. A toddler was also in the car. She pulled into the Marathon gas station at 10th and Rural, where the officer was already sitting.

IMPD says surveillance video from the gas station shows that the woman went over to Officer Carmichael's car, they chatted, and then the officer asked Hicks to step out of the car.

PHOTOS | See photos from the scene here

As Hicks and Officer Carmichael walked around the car to the driver's side, Hicks started to assault the officer, according to police.

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Witness statements indicate Hicks may have tried to grab the officer's gun during the struggle, according to IMPD. The officer then shot Hicks. Surveillance video did not capture the shooting.

There have been many outcries from the public to release the video, citing IMPD's self-professed promise of transparency.

Curry said attorneys are prohibited from releasing any information that is not under public record, under the rules of professional conduct.

"It is necessary to maintain the integrity of any given investigation by making certain that if any individuals come forward with any information about an alleged crime, that they're doing so based on firsthand knowledge, and not based on what they've seen or heard in the press," he said.

He used the Richmond Hill Trial as an example.

"How many times did the members of the press ask 'Do you have suspects? Do you have a theory as to how the explosion occurred?'" Curry said. "Clearly we had suspects in that case. Clearly the investigators had a theory about how the explosion occurred. But we were not going to say that. ... We wanted to be certain if individuals came forward, they had firsthand information."

IMPD Chief Troy Riggs also said the video will eventually be released, just not before the investigation is complete. 

"I have given my word numerous times, and I will keep my word," he said. 

He asked for patience from the public while the investigation is ongoing. The department will also release the name of the officer involved in the shooting, once their safety is guaranteed.

Rev. Charles Harrison, and other religious leaders in the community have said that they just want the truth in the investigation.

Curry said he doesn't believe their requests change the relationship between the community leaders and law enforcement. 

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The video came from surveillance from the nearby gas station. If it had come from a citizen, Curry said, he would have no control over whether it gets released to the public. 

"We would request that person not release it," he said. "We couldn't make them comply with that request. ... We don't want limited information to be released until the officers complete their investigation and we make a determination."

Riggs also defended his department's commitment to transparency. 

"The night chief gave an update within two hours," he said. "IMPD released information about the altercation and that the individual was not armed. That was a precedent we set -- that we would be honest and transparent. Can't get much more transparent than that in the first two hours."

He said he's taken criticism for releasing so much information so quickly in the investigation.

"The reason we did that is we have a responsibility as the police department to be truthful. We're going to put that information out. ... I think [the public knowing about the investigation] long-term, that instills trust. It's the way we're going to operate with IMPD. We can never be afraid of the truth. We have to get the truth out there, no matter what it is."


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