DOJ asked to investigate Indy police. That’s unlikely to happen, says ex-fed prosecutor

A number of neighborhood teams have referred to as for the U.S. Division of Justice to research Indianapolis’ police division practically a 12 months after a person experiencing a psychological well being disaster died after being tased, then handcuffed face down by officers.  

Religion in Indiana and the Involved Clergy of Indianapolis final week filed a grievance with the Division’s Civil Rights division about what they are saying has been a scarcity of progress within the ongoing investigation into Herman Whitfield III’s dying April 25, 2022.

5 Indianapolis Metropolitan Cops and a recruit trainee responded to Whitfield’s mother and father’ residence that morning. In the course of the interplay, police tased, then handcuffed Whitfield III bare and face down on the bottom. The 39-year-old died after arriving at a hospital.

The coroner decided his dying was a murder and additional dominated he died from coronary heart failure whereas beneath legislation enforcement restraint. The police division’s investigation into the encounter, performed by its Important Incident Response Workforce, was handed to the Marion County Prosecutor’s Workplace in July final 12 months.

Group teams stated the wheels of justice in Whitfield’s case, in addition to the taking pictures of Anthony Maclin in December, have moved too slowly, which serves as the premise of their grievance to the DOJ.  

Donna Eide, a former federal prosecutor in Indianapolis and Los Angeles, weighed in on the importance of the request, and whether or not their request could or could not pan out:  

Does a grievance imply the DOJ will mechanically step in?

No, Eide stated. When the Division of Justice receives a referral for a legal or civil investigation, it might decline.

The DOJ confirmed to IndyStar on Wednesday that it obtained the grievance, declining to remark additional.

Is it possible the DOJ will examine Indianapolis’ police division?

Eide opined that it is unlikely the DOJ will examine Indianapolis Metropolitan Police for a few causes.

Until the DOJ perceives there is a bigger downside with extreme use of power inside Indianapolis’ police division, or a case was blatantly racially motivated, she stated the DOJ is prone to flip the request down.

“It is usually when there’s a much bigger downside than this one incident, or it’s a extremely dangerous downside,” Eide stated.

Eide additionally famous Indianapolis police handed over their investigation into Whitfield’s dying to the prosecutor’s workplace, main her to anticipate the DOJ would favor native workplaces to conclude the case.

“Until they’ve some cause to assume that the prosecutor just isn’t going to do his or her job and make the fitting name … the feds need to have the states handle that,” she stated.

Latest IMPD historical past with the DOJ

Whereas it is unlikely they’ll step in on this case, the DOJ has intervened once they believed an officer used extreme power, the newest occasion being in 2021 with Sgt. Eric Huxley.

Federal prosecutors charged Huxley with official misconduct and battery with average bodily harm after he kicked a person within the face throughout an arrest in downtown Indianapolis. He later was indicted by a federal grand jury. Huxley’s case stays pending.

Sgt. Huxley case: Grand jury indicts Indianapolis police officer proven on bodycam footage kicking man

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