The Bail Project faces lawsuit in 2021 Indianapolis homicide

INDIANAPOLIS (WISH) — The lawyer for the mother of Dylan McGinnis on Wednesday said he wants to hold The Bail Project accountable for McGinnis’ death.

Prosecutors have charged Travis Lang with fatally shooting McGinnis in Indianapolis on Oct. 1, 2021. Court records show Lang had been charged with cocaine possession the previous December, but was released from jail after The Bail Project, a national non-profit that advocates for the abolition of cash bail, paid a $5,000 bond on his behalf. Police said McGinnis was shot in a car at East 11th and North Oxford. A woman in the car was also shot, but survived.

The Bail Project’s connection to the case drew national attention. Last year, state lawmakers passed a law requiring charitable bail organizations to register with the Indiana Department of Insurance. On Monday, McGinnis’ mother, Nikki Sterling, filed a wrongful death lawsuit against Lang and The Bail Project in Hamilton County court.

Sterling’s lawyer, Drew Kirages, told News 8 even though Lang is the one accused of pulling the trigger, The Bail Project is liable because its personnel should have known they were creating an opportunity for Lang to commit a crime. He said the organization’s agents should have researched Lang’s criminal history. Court filings show Lang was charged with an additional unrelated misdemeanor in July 2021, while he was out on bail from the cocaine charge, but prior to the October shooting.

“We want accountability and justice for Dylan,” he said.

Kirages says he doesn’t believe the lawsuit would discourage further efforts to change pretrial detention policies. For example, he says the Hamilton County’s pretrial release program has worked well. He says lawsuits such as Sterling’s are putting pressure on The Bail Project to reconsider whether its actions should focus on bailing people out or advocating for policy changes.

Similar lawsuits have been filed in Louisville, Kentucky, and Las Vegas, Nevada, without success. Kirages says he believes Sterling’s case has a better chance of success.

News 8 has contacted The Bail Project to request comment, but has not yet heard back.