It was a night so bad Ball State University still doesn't like to talk about it – the night six years ago when a drunken student was shot to death by a university police officer.
Senior Michael S. McKinney was beating on the back door of a house he mistakenly thought belonged to a friend. Rookie officer Robert Duplain was dispatched to the scene on the report of a burglary in progress.
Four shots were fired. Three hit McKinney's chest. One hit his head.
Within minutes McKinney, 21, was pronounced dead on arrival at Ball Memorial Hospital.
Jon Seidel, managing editor for the Ball State Daily News in 2003, spent two days in the student's hometown of Bedford just four days after the shooting interviewing McKinney's friends and family.
But, it was the sight of Justin Gilbert ironing his shirt for McKinney's funeral that Seidel will never forget.
"[Gilbert] was going to bury his best friend," Seidel said. "It doesn't sound like a remarkable moment, but it was," Seidel said. "I was looking at somebody my age, looking at his face and wondering what was going through his mind. I was thinking that could easily be me. It could've happened to any of us."
McKinney, 21, had what later proved to be a .343 blood alcohol content after a night drinking with friends. He arrived at 1325 North St. at about 3 a.m. on Nov. 8 and banged multiple times on the back door.
Muncie resident Jane Poole, who was living inside the house immediately called 911. Duplain, 24, and another office arrived at the scene.
According to police reports, the intoxicated McKinney charged Duplain and would not yield to the officers orders. Duplain felt threatened and fired his weapon.
A 911 transcript of the shooting describes the moment McKinney was killed. An anonymous university police officer was in communication with dispatch as Duplain pulled the trigger.
UPD Officer: All right. We're 10-23 (10-23 means that officers have arrived on scene) ... Shots fired.
UPD Officer: Subject's shot. I can't get a pulse...Can't get a pulse..Can't get a pulse.
UPD officer: Radio 1.
Dispatch: Go ahead.
UPD officer: Three shots to the chest. Can't get a pulse.
During the meeting, Seidel learned Duplain had not yet attended the police academy, but completed 24 hours of classroom instruction and 14 hours of field training.
An internal investigation into the incident concluded Duplain followed police department rules that night. Duplain was armed with a baton and the standard issue handgun. He had yet to trained to use non-lethal weapons such as pepper spray or mace, according to Daily News reports.
"Duplain didn't have time to ready himself to use the baton," Douglas McConkey, vice president for student affairs, said in 2004. "He did have a non-lethal weapon at his disposal, but in this circumstance the use of the baton was not practical."
According to the University Police Departments Use of Force Policy, an officer has three levels of force to control a subject: No force tactics such as verbal commands, less-than-deadly force such as impact weapons and deadly force, which includes firearms.
Deadly forced can be used if the officer believes it is necessary and appropriate for the situation or if the officer's life or others are threatened, according to the policy.
Tim McKinney and Lisa McKinney filed charges in February 2004 against Police Chief Gene Burton and Duplain for the shooting death of their son. Ball State was dropped from the $100 million lawsuit in Nov. 2004. The long legal battled ended Feb. 4, 2008 when a jury ruled Duplain did not use excessive force against McKinney.
Six years after the shooting, Ball State won't allow officials associated with the McKinney shooting to talk about their memories. When asked about his memories of the incident, Gene Burton refers reporters to Tony Proudfoot, Director of University Communications, who wasn't hired by the university until 2007.
Proudfoot, a university spokesman, only comment about the case was this written statement.
"This was a tragedy that deeply affected everyone involved—the McKinney family, Mr. Duplain and his family, and the Ball State community. There were no winners. The university extends our deepest sympathy to the McKinney family for the loss of their son."
Seidel said he still thinks back to the questions that were never fully answered.
Why did Duplain have to shoot to kill? Was the intoxicated McKinney really a threat? Did a simple overreaction by Duplain really the cause of all this?
"Those questions prove you do have to be careful," Seidel said. "If there is any lesson for the students in this, it's that. Have fun, embrace each other, enjoy your time together but just be careful."
A timeline of events that followed McKinney's death.
- Nov. 8,2003 -- UPD officer Robert Duplain arrives at the scene and fires four shots at McKinney, killing him.
- Nov. 11,2003 -- Autopsy reveals McKinney was shot once in the face and three times in the chest.
- Nov. 19, 2003 -- Toxicology reports show McKinney's BAC was .343 at the time of the shooting.
- Dec. 29, 2003 -- A grand jury decides Duplain will not face criminal charges.
- Feb. 9, 2004 -- The McKinney family files a $100 million federal civil rights lawsuit against BSU and Duplain.
- Nov. 23, 2004 -- Ball State is dropped from McKinney's lawsuit.
- Jan. 22, 2008 -- McKinney v. Duplain starts in Indianapolis U.S. District Court.
- Feb. 4, 2008 -- Jury decided ex-BSU cop did not use excessive force against Micheal McKinney.
SOURCE: Staff Reports
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