Noblesville man shot by Elwood police facing new charges

Jun. 29—ELWOOD — The Noblesville man shot by an Elwood police officer on June 9 is now facing additional charges.

Assistant Elwood Police Chief Kyle Comer received notification from St. Vincent Hospital that Dakota McCreary, 26, was being released after being treated for the gunshot wound.

According to a probable cause affidavit, Comer went to the hospital and discovered that McCreary escaped from the hospital. A video showed McCreary walking out a door dressed in a red shirt, black pants, grey shoes, a baseball cap and medical mask on his face.

Comer found McCreary sitting outside a business and he was arrested without incident. Hospital staff believed visitors brought McCreary clothing, cash and a cell phone.

While being transported to the Madison County jail he complained of chest pains and was taken to Community Hospital Anderson.

During his release McCreary physically attacked Comer, Chief Phillip Caldwell and officers Shane Briggs and Jason Thomas.

McCreary is charged with four counts of battery against a public safety official and resisting law enforcement.

He is charged with burglary, confinement, domestic battery and theft from the June 9 incident in Elwood.

The Madison County Prosecutor's office determined the shooting of McCreary by an Elwood police officer was legally justified.

According to a press release from state police, Elwood officers responded to a domestic battery report about 3 p.m. on June 9 in the 1300 block of South L. Street.

When the officers arrived, they were informed that the suspect, McCreary, had fled into a nearby wooded area.

According to the press release, officers encountered McCreary and repeatedly told McCreary to drop the firearm, but he disregarded the command and appeared to be pointing a weapon at officers, police said.

An officer then fired his department-issued rifle at least twice, striking McCreary at least once, according to the press release. No officers were injured during the incident.

Follow Ken de la Bastide on Twitter @KendelaBastide, or call 765-640-4863.