Ball State lawyers filed a legal answer May 7, stating that a University Police officer was justified in shooting and killing student Michael McKinney because of the doctrine of defense.
University Police officer Robert Duplain shot McKinney four times on Nov. 8, 2003, when Duplain responded to a burglary call.
Scott Shockley, an attorney representing Ball State, said the doctrine allows for an officer to act on an individual by what the officer knows at the time.
Shockley said that Officer Robert Duplain had received a call of a house burglary and lost contact with the owner, which could have meant the burglar had broken in.
McKinney also did not stop when Duplain told him to, but came toward Duplain, Shockley said.
McKinney's family filed a federal lawsuit Feb. 10 against Duplain and University Police Chief Gene Burton in their professional capacities.
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