A Ball State University rookie police officer will not face charges for the fatal shooting of an intoxicated student, a Delaware County grand jury decided in December.
After several hours of deliberation on Dec. 29, the grand jury of six decided not to press charges against officer Robert Duplain for shooting and killing Michael McKinney, a 21-year-old student, on Nov. 8.
"No indictment was brought against him because there was insufficient probable cause to believe a crime had been committed," Delaware County Prosecutor Richard Reed said.
During the closed grand jury meeting, Reed said individuals with connections to the police officers who investigated the shooting and to other key participants in the incident were eliminated from the jury.
"Everyone who testified was cooperative and provided what information they could," Reed said. "You just never know what the grand jury might think; you just give them all the evidence you can, and they make the decision."
Tim McKinney, Michael McKinney's father, said he heard the grand jury's decision on his 30th wedding anniversary.
"I wasn't surprised when I heard no charges would be filed," Tim McKinney said. "I believe this case was investigated by local police, local prosecutors and a local grand jury. They had no intention of bringing anything against Robert Duplain," he said.
Because Duplain, who has been on administrative leave since Nov. 8, will not face charges, he will return to Ball State's police department. However, he will first complete 15 weeks of classwork and active training at the Indiana Law Enforcement Academy, which he began Jan 5.
When he returns to Ball State, Duplain will not be out on patrol, said Douglas McConkey, vice president for student affairs.
"We felt given the tragic nature of the incident and the strong feelings of a lot of people, it wouldn't be appropriate for him to come back in a patrol position," McConkey said.
McConkey said Chief Gene Burton, director of public safety, will review Duplain's future position prior to the officer's return to Ball State.
Michael McKinney was shot four times while Duplain was responding to a 911 call from West North Street, where a woman said a man was banging on her back door around 3 a.m. Michael McKinney's blood alcohol level at the time of the shooting was 0.34 percent.
Duplain had not yet attended the Indiana Law Enforcement Academy and was not trained to use non-lethal weapons like pepper spray when the shooting occurred.
Ball State has begun to make changes to some of the police department's training policies and procedures. For example, rookie officers will only patrol with experienced officers.
"The university has taken significant steps to enhance police training and to further address alcohol abuse," President Blaine Brownell said in a news release. "Through these steps and others, we are determined to pursue continuous improvement in our programs and to rebuild trust in the aftermath of this tragedy."
McConkey said the unviersity is continuing to assess the quality of its policies and procedures, which will be helpful for both the campus and the community.
"Students have a right to feel safe on campus," McConkey said. "We have excellent police officers and have lots of training. Our goal is to get better all the time, and we believe we're on the right track," he said.
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