INDIANAPOLIS - A former Ball State University police officer did not use excessive force when he shot and killed a Ball State student, a jury stated Monday.
The jury ruled in favor of Robert Duplain in the civil lawsuit the family of Michael McKinney brought against him four years ago.
Scott Shockley, Duplain's Ball State-appointed lawyer, said the case took a lot of time and work, but the outcome was worth it.
"Obviously we were very pleased," Shockley said. "We've always believed that when a jury had all the evidence in front of them, this is the decision they would come to."
McKinney's family declined to comment after the trial, and Duplain was unavailable for comment. The McKinneys' lawyers were also unavailable for comment. Plaintiff's attorney Bob Grioux did not return phone calls.
The McKinney v. Duplain civil trial lasted 10 days, and jurors took three hours to come to a unanimous verdict Monday. During the trial, the jury was presented evidence about the events that took place on Nov. 8, 2003, in a near-campus backyard. Duplain shot McKinney four times, leading to McKinney's death. The McKinneys' lawyers strove to prove that Duplain used excessive force and violated McKinney's constitutional rights.
In closing statements, the McKinneys' attorney Geoffrey Fieger referred to Michael McKinney's death as a slaughtering.
"This is not about negligence," Fieger told the jury. "This is about trust and a betrayal of trust."
Fieger went on to talk to the jury about justice and how it was the jurors' responsibility to deliver justice to Duplain.
"Every shot was a separate act of violence," Fieger said. "[Duplain] has to defend each shot."
Brad Williams, one of Duplain's lawyers, started his closing statement by dismissing Fieger's theatrics.
"I don't have a speech to give you," Williams said. "Almost two weeks ago, we told you that you would hear two distinctly different accounts you'd have to choose from."
Williams attempted to discredit Fieger and said Fieger had presented the jury with information that wasn't fact.
John Kautzman, another of Duplain's lawyers, said Fieger attempted to alter events and create a scene that has nothing to do with what actually happened.
"Mr. Fieger is trying to make things appear different than they really are," he said.
Kautzman said this case was one that should not be in the legal realm.
"Tragedies happen all the time," he said, "but to look to place blame and legal liability is not necessary. ... Rob never wanted this."
Shockley said Duplain was relieved.
"He, for four years, has been waiting to have this chance ..." Shockley said. "This has been lifted off his shoulders, and he can move on with his life."
After court was adjourned, Duplain stood outside the courtroom crying and sighing with relief.
The end of the trial also brings to an end a rocky time in Ball State's history.
"There's no doubt that bringing closure to this is a good thing for the university community," Shockley said.
UPD Police Chief Gene Burton declined to comment on the outcome of the case.
Tony Proudfoot, associate vice president of marketing and communications, issued a statement on behalf of the Ball State.
"There are no winners in this case. The university extends our deepest sympathy to the McKinney family for the loss of their son," the statement said.
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
