Prosecutor rules ‘justifiable homicide’ in shooting at Phillips 66 station in South Bend
SOUTH BEND — No charges will be filed in the death of Glen Brooks, the South Bend Police Department and the St. Joseph County Prosecutor’s Office announced late Thursday afternoon.
Brooks, 24, was shot and killed early in the morning of Dec. 21 at the Phillips 66 gas station in the 4000 block of West Western Avenue.
Witnesses, including the Phillips 66 clerk, told police that a man later identified as Brooks entered the gas station with a handgun and was attempting to rob it at gunpoint, according to a press release from SBPD.
The release said that all of the witnesses told police that Brooks then got into a struggle with the clerk.
“At that point, an armed concerned citizen interceded on behalf of the station clerk,” the release said. “During the course of the attempted robbery, the concerned citizen discharged his firearm, striking Mr. Brooks. Mr. Brooks then fled the gas station and collapsed a short distance away.”
Police were dispatched at approximately 12:50 a.m., and Brooks was declared deceased at the scene.
According to the release, the Violent Crimes Unit recovered video from the gas station that confirmed what the witnesses had said.
According to the release, the prosecutor’s office reviewed the investigation and determined that the shooting of Brooks constituted a justifiable homicide under I.C. 35-41-3-2(c). As such, no criminal charges will be filed in connection with his death.
Under Indiana law, Brooks’ death is classified as a homicide, which is defined as “death at the hands of another.”
The witnesses and physical, video and forensic evidence establish that the situation that led to the shooting was brought about by Mr. Brooks, and his death was a direct result of those actions, the release said.
I.C. 35-41-3-2(c) states that “a person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person: (1) is justified in using deadly force; and (2) does not have a duty to retreat; if the person reasonably believes that the force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.”
Because the concerned citizen is not being charged with a crime, that party’s identity is not being released.
This article originally appeared on South Bend Tribune: Justifiable homicide determined in shooting death at Phillips 66 station
