Family, clergy want DOJ to investigate Herman Whitfield III's death in police custody

After nearly a year of receiving no answers to their questions about how Indianapolis police responded the morning Herman Whitfield III was killed, his family and activists are calling on the U.S. Department of Justice to investigate.

Faith in Indiana, the Concerned Clergy of Indianapolis and members of Whitfield's family Tuesday said they’ve asked the Department of Justice to step in and investigate Indianapolis' police department in a letter sent to the DOJ's Civil Rights division last week.

"It's been almost a year and all we have gotten are excuses and delays," said Pastor Timothy Taylor of Tabernacle Missionary Baptist Church.

Unedited video released: Herman Whitfield III's mother told police she was concerned officers would kill son

Five Indianapolis Metropolitan Police officers and a recruit trainee were called to Whitfield’s parents' home April 25, 2022. During that interaction, police tased and handcuffed him naked and face down on the ground while he was in the throes of a mental health episode. Whitfield died shortly after arriving at a hospital.

The coroner determined the 39-year-old's death was a homicide and further ruled he died from heart failure while under law enforcement restraint. Police Chief Randal Taylor, at the completion of the autopsy, asked for the criminal investigation by the department's Critical Incident Response Team in the fatal encounter to be presented to the Marion County Prosecutor's Office, which happened July 22, 2022. A spokesperson for the prosecutor's office said the matter remains under investigation, and the office hopes to have an update "in the near future."

Officials with the Indianapolis Metropolitan Police Department declined to comment about the group's demands, saying they do not speak about pending litigation "out of respect for the judicial process."

Pastor Taylor said the group has asked the police department and the mayor's office for action against the officers for the past year, but to no avail.

When recalling that morning, Whitfield's father, Herman Whitfield Jr., said Tuesday that the department let the family down "drastically" that morning. He also pointed out it took nine months and a court order before body camera footage capturing his son's death was released.

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"I just demand that IMPD and its officers be held accountable for the terrible, terrible trauma and tragedies caused in our home on April the 25th," Whitfield Jr. said. "I'll miss Herman."

Whitfield's death revived discussion about the city’s response to mental and behavioral health crises.

The clergy and faith-based organizations gathered at Tabernacle Missionary Baptist Church on Tuesday accompanied by Vicki Driver, who said she's also rallying for justice and transparency in the case of her son, who was shot by police while sitting inside a car parked in her driveway.

Driver called 911 before dawn Dec. 31 last year, telling police she didn’t recognize a vehicle on her driveway in the 3600 block of North Oxford Street. Unbeknownst to her, Anthony Maclin, her grandson, was asleep inside. The responding officers asked if she had family in Florida because the car had Florida license plates. She said she didn’t.

More: 'So many gunshots': Vicki Driver describes moment she realized police shot her grandson

A video summary of the shooting compiled by Indianapolis police showed the officers tapping on the car window, identifying themselves as police and ordering Maclin to put his hands up.

Police said Maclin appeared to move, and the three officers began firing, striking Maclin three times. Maclin said during a press conference in February that he never held the gun, nor pointed it at officers. Attorneys representing Maclin, who lives in Ohio, said he rented a car because his vehicle was in the shop.

"When the police make a horrible mistake like they did Dec. 31, 2022, they should be held accountable like everyone else," Driver said.

Maclin in February sent a legal demand to the city of Indianapolis and its police department for financial compensation following the shooting. Herman Whitfield Jr. and Gladys Whitfield, Herman's parents, have a wrongful death lawsuit against the city and the officers who responded to their home that night pending in federal court.

IndyStar has reached out to the DOJ about the request for them to investigate the police department.

Contact Sarah Nelson at 317-503-7514 or sarah.nelson@indystar.com

This article originally appeared on Indianapolis Star: Herman Whitfield III: Family ask DOJ to investigate death in IMPD custody