Although he was equipped with a police baton and physical defense skills, Officer Robert Duplain was not required to use them before resorting to deadly force, according to documents and police officials.
The University Police Department's Use of Force Policy, which was released Tuesday morning, outlines the types and levels of force a law-enforcement officer can use.
Duplain, 24, shot and killed Ball State student Michael S. McKinney, 21, early Saturday morning after responding to a 911 call on North Street. He is currently on administrative leave while the Muncie Police conduct an investigation.
According to the Use of Force Continuum listed in the policy, an officer can use three levels of force to control a suspect:
- Deadly force. This includes using firearms, motor vehicles and impact weapons.
- Less-than-deadly force. This includes using impact weapons, such as a baton, chemical spray, pressure-point control tactics and striking the suspect with a fist.
- No force tactics. This includes verbal commands, body language and a defensive stance or posture.
According to the policy, deadly force can be used when the officer believes it is necessary and appropriate for the situation or if the life of the officer or others are threatened.
"The level of force applied must match the level used (by the suspect)," Burton said.
The policy also states that the officer is not required to start low on the continuum.
"The force continuum should not be considered a 'ladder' in that the officer must start at the lowest force option and progress or climb to the higher force options," the policy states. "Depending on the circumstances, the officer might have to begin at or progress rapidly to a higher level of force."
On the night of the shooting, Burton said Duplain was carrying a baton and a firearm, but he was not carrying a taser or chemical spray. Burton said he could not confirm if Duplain wore a bullet-proof vest.
Force can also be used depending upon the characteristics of the suspect, according to the force policy.
To use force, the suspect must be aggressive. The policy lists verbal threats, hostile body language and physical assault as several cues that allow an officer to use force.
A suspect's physical appearance and size is also a factor when determining to use force, according to the policy. Strength, size, skill level, age and more than one suspect attacking an officer must be considered.
Until the results of the MPD investigation are disclosed, UPD will not comment about whether McKinney's behavior that night met the criteria for the use of force. Terry Winters, deputy chief of Muncie Police, said Saturday that McKinney ran toward Duplain with his arms out and wouldn't respond to verbal commands to stop.
The DAILY NEWS filed a Freedom of Information Act request to obtain a copy of the "Use of Force Form" Duplain filed the night of the shooting. The form, required of all officers, must be filed any time an officer uses a firearm. The request will be denied because the report is considered evidence for the MPD's investigation, according to Heather Shupp, executive director of University Communications.
Police officers can also use hand-to-hand combat to deter a suspect. Burton said Duplain completed eight hours of "physical tactics training" as part of the pre-basic course at the Indiana Law Enforcement Academy in Plainfield. These tactics included using pressure points and joint manipulation, Burton said.
Firearms training is an important component of the academy's pre-basic training for new law officers, Andy Anderson, staff instructor at the academy, said. Anderson said the main focus of the course is to teach marksmanship, but students are also taught how to handle the weapon and gun safety.
Anderson said students are taught the best place to shoot a suspect -- the center of mass, which minimizes the chance of missing. Anderson said this usually means shooting the chest, but the center of mass can change depending upon the line of sight.
For example, if all an officer can see is a person's head peeking over a fence, then an officer should aim for the middle of the face, Anderson said.
Anderson said deciding when to shoot mainly depends on the judgment of the officer and an officer is allowed to shoot a suspect "until the aggressive behavior stops," he said.
"Unless you're actually there, it's really difficult to say what was good and what was bad (in a situation)," Anderson said. "Until you've felt the fear, you just can't quantify."
Click here for a break down of the BSU Use of Force policy
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