It's been 1,536 days since four bullets pierced Tim McKinney's son, leaving him lifeless in the backyard of a near-campus home.
Each day, the McKinney family coped with the reality that Michael McKinney wouldn't be returning home.
The days went by, and with them went the ability to hold someone accountable for their loved one's death. The shooter, Robert Duplain, former Ball State University Police Department officer, was not indicted on criminal charges. The police department responsible for Duplain's training was not reprimanded. The university took no blame and used the 21 year old's death as a cautionary tale to discourage partying and excessive drinking.
On day 93, the McKinneys resorted to the only option they felt they had left. They filed a $100 million federal civil rights lawsuit against the university, UPD Chief Gene Burton and Duplain.
But as Michael McKinney's name started to fade into Ball State myth, the defendants were excused or dismissed from the case. Now only one remains: the man behind the gun.
Today's jury selection and opening arguments in McKinney v. Duplain begin the final 10 days of the McKinney family's fight. In these estimated 10 days at trial, the McKinneys will either find what they've been looking for in the past 1,536 days or lose the chance forever. By the end the trial, the McKinney family hopes to have what they were waiting for: someone to take blame for Michael McKinney's death.
"From my point of view, my wife's, my children's - we're looking for accountability," Tim McKinney said.
THE MCKINNEY'S PATH TO JUSTICE
At about 3:25 a.m. on Nov. 8, 2003, Jane Poole called Delaware County 911 to report a man pounding on her door. After Poole made contact with a dispatcher, she hung up the phone to call a neighbor. Muncie Police Department dispatched officers to Poole's home at 1325 W. North Street. Duplain and other University Police Department officers in the area heard the call and responded. Duplain arrived at Poole's home and entered the backyard, found Michael McKinney and shot him four times.
Immediately, questions of excessive use of force were raised. The university and Muncie Police Department got involved and a Delaware County grand jury was appointed to determine if any criminal charges would be filed.
The first pitfall the McKinneys experienced was when the grand jury came back without an indictment for Duplain.
"I wasn't surprised when I heard no charges would be filed." Tim McKinney said in a January 2003 interview. "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."
The bad news for the McKinneys kept coming when Ball State concluded its internal investigation on Jan. 11, 2004. The university said Duplain was not out of line and didn't have time to pursue non-lethal force.
The McKinney family rebutted with a request that university police officers not wield guns.
"Do you think it's fair that a person who is unarmed is shot four times?" Tim McKinney asked at the time. "I don't see how someone could commit that act and not be held accountable."
The downfalls continued for the McKinneys as the months went by. Ball State was dropped from the civil lawsuit in November 2004. Burton was granted summary judgment and dismissed from the case on Aug. 25, 2005.
The one thing that kept an avenue open was Duplain's inability to find a way out. His request for summary judgment, filed at about the same as Burton's, was not granted. And in October 2005, the Seventh Circuit Court of Appeals refused his request to dismiss the lawsuit.
Through all of this, the McKinneys held on to one last hope: that they would win the civil case that begins today, and someone would finally be held accountable for Michael's death.
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