Two Indianapolis officers indicted in shooting of man sleeping in grandmother's driveway
Two Indianapolis police officers have been indicted in the shooting of a man whose grandmother called 911 to report a suspicious vehicle in her driveway, not knowing her adult grandson was inside.
The Marion County Prosecutor’s Office on Friday announced Carl Chandler and Alexander Gregory have been indicted on two counts of aggravated battery with a deadly weapon, battery resulting in serious bodily injury, criminal recklessness and battery resulting in moderate bodily injury in the Dec. 31 shooting.
The indictment means a grand jury determined there was enough evidence for criminal cases to proceed to the courtroom. It does not indicate guilt.
Chandler has been with the department for five years and Gregory for three years. The third identified officer involved in the shooting, 4-year veteran Lucas Riley, was not indicted and will not face charges in the case, a spokesperson with the prosecutor's office said.
Much of what is presented during grand jury hearings are under seal, meaning details such as evidence and testimony that led to the indictment are not available.
Attorneys John Kautzman and Edward Merchant, who are representing both Chandler and Gregory, said they were "extremely disappointed" by the Marion County Prosecutor's decision.
"The men and women of law enforcement are not only legitimately in fear of their personal safety in an increasingly violent community, but are too often also being placed in legal jeopardy for simply trying to do their jobs," Kautzman and Merchant said in a news release issued late Friday.
The officers responded about 4 a.m. to the home of Vicki Driver, who called 911 to have someone check an unknown car parked in her driveway. Unbeknownst to her, her grandson, 24-year-old Anthony Maclin, was asleep inside. Maclin’s attorney said he had rented a car because his was being repaired, and he planned to surprise her that morning.
When officers arrived at the home, in the 3600 block of North Oxford Street, police asked Driver if she had any family in Florida after noticing the vehicle carried the state's license plates. She said she didn’t.
Shortly after police knocked on the car window, gunfire ensued. Police said Maclin had a gun in his lap, which he confirmed later, though police said it's unclear whether he was holding the weapon. Maclin’s attorney, Stephen Wagner, said officers Chandler and Gregory fired more than 30 rounds at the car, striking Maclin three times. Officer Riley fired once, according to Wagner.
Maclin was carrying a firearm that night because the neighborhood his grandmother lives experiences crime. The young man had a license to carry.
Maclin was hospitalized for 17 days and underwent six surgeries for his injuries.
Body cam footage: IMPD releases edited video from Anthony Maclin shooting
Roughly a month after the shooting, Maclin's family sent a legal notice to the city of Indianapolis and its police department for financial compensation. Driver, who is also part of the Indianapolis Metropolitan Police Department's Critical Incident Review Team, further called for the officers to be fired and face criminal charges — noting the shooting has tainted her view of police.
The Maclin family in a statement on Friday said they are grateful for the grand jury's decision in the "senseless" police shooting.
"Anthony's only 'offense' was being a young Black man in a high crime neighborhood," the family's statement said. "This 'shoot first and ask questions later' approach to policing is illegal and cannot be tolerated."
The family said the indictment alone does not go far enough and called for the police department to suspend officers Gregory and Chandler.
Indianapolis Metropolitan Police in a statement about the grand jury decision said Chief Randal Taylor "respects the criminal justice process" and has placed both officers on administrative leave following the indictments.
At the conclusion of the criminal process, the case will be presented to the civilian-majority Use of Force review board.
The latest grand jury decision marks the second time this year Indianapolis Metropolitan Police officers have been indicted. In April, officers Adam Ahmad and Steven Sanchez were indicted for their roles in the death of Herman Whitfield III last year.
In that case, police tased and handcuffed Whitfield face down while the 39-year-old was naked and in the throes of a mental health crisis. Body camera footage showed he became unresponsive. He died shortly after arriving at a hospital.
Whitfield’s autopsy ruled his death a homicide and he died from heart failure while under law enforcement restraint.
When asked about the two indictments, Prosecutor Ryan Mears cautioned against drawing conclusions about the police department's deadly use of force, as every case is unique.
"The question becomes whether or not that use of force is reasonable. And rather than having the prosecutor's office or individuals within the office make that determination ... I think it's important that you get that community input and the best way to do that is through the grand jury process," Mears said.
Contact reporter Sarah Nelson at 317-503-7514 or sarah.nelson@indystar.com
This article originally appeared on Indianapolis Star: Indianapolis police officers indicted in shooting of Anthony Maclin
