The attorney representing the family of Michael McKinney called Michael's death a cold-blooded murder Tuesday and accused local law enforcement officials of a cover-up.
Geoffrey Fieger, the McKinneys' attorney, then filed a multi-million dollar federal civil-rights lawsuit in Indianapolis against University Police Chief Gene Burton and University Police Officer Robert Duplain.
"It's incredible that, somehow, this shooting was justified," Fieger said. "Manslaughter is a crime the prosecutor shouldn't have a hard time proving in court."
In his civil suit, Fieger is arguing that Duplain and Burton violated McKinney's constitutional rights to be free from an unreasonable search and seizure of his person and loss of his life.
Ball State officials continued to refuse to comment, stating that it is the university's policy not to comment on pending lawsuits.
Duplain killed McKinney in November while responding to a burglary call. According to police reports, McKinney's blood alcohol count was more than three times the legal driving limit when he died. Duplain shot McKinney when the student ran toward him with his arms forward. Duplain had asked McKinney to stop, and McKinney hadn't cooperated.
Fieger said he would also push for a federal criminal investigation into Duplain's conduct. He said Duplain had been enforcing the law with virtually no training. Specifically, Fieger said Duplain had no training in the "continuum of force," a concept taught in law enforcement academies across the country, including in Indiana. According to the principle, a certain number of methods are used to stop a suspect before deadly force becomes necessary. Those include verbal and physical force.
"All of these would come well in advance of deadly force," Fieger said.
However, Rusty Goodpaster, deputy director of the Indiana Law Enforcement Academy, said the 40-hour pre-basic training program that Duplain completed includes lessons on the "continuum" principle.
"He should not have been working the street at all if he had not had the pre-basic course," Goodpaster said.
When asked about the amount of alcohol in McKinney's system, Fieger dismissed the idea that it played a role in the student's death.
"I really think the alcohol to be a red herring," Fieger said. "He didn't get in a vehicle; nothing he did was a crime."
Fieger also said the lawsuit was not about money. The initial announcement indicated that the McKinney family is seeking $100 million, but that figure was not indicated in the suit. He said the dollar figure was, in part, to get the media's attention.
In response to students' concerns that they would have to help carry the financial burden if the McKinney family is successful, he said he was mind-boggled. He said students should be more concerned about the fact that a police officer can kill a student without being reprimanded.
"That puts every Ball State student at risk," Fieger said.
Michael McKinney's mother, Lisa McKinney, added that she wanted to go through with the lawsuit to keep another student from suffering her son's fate.
"I feel a responsibility to the students at Ball State," Lisa McKinney said.
Heather Shupp, executive director of University Communications, said Ball State has liability insurance to help cover the cost of the lawsuit. She wouldn't comment, though, on how much of the lawsuit the insurance would cover, or if students would be affected if the McKinneys are successful.
Read More
Three Air Jam teams take home the win
October 12, 2012Nineteen teams shimmied, shook and flipped for a sold out John R. Emens Auditorium on Thursday night during the 25th annual Air Jam.
Bill Clinton Speaks at North Central High School
October 12, 2012Former President's Speech Could Have Effect on State Senate Race
