Wrongful death lawsuit filed by estate of man shot and killed by IMPD officer

One year after Darcel Edwards was shot by an Indianapolis Metropolitan Police Department officer and later died, Edwards’ estate filed a lawsuit against the city of Indianapolis and the officer who shot him.

The lawsuit, which was filed by Roselyn Edwards Rodger, Edwards’ mother, alleges IMPD officer Gunnar Gossett lacked a reasonable probable cause before shooting Edwards on Oct. 24, 2023.

It also alleges that Indianapolis failed to provide Gossett with adequate training that would have prevented him from shooting Edwards and alleges the city tampered with physical evidence that would have been relevant to the investigation of the shooting.

The estate is demanding its case be heard by a jury.

What led up to Darcel Edwards’ death in Indianapolis

On Oct. 24, 2023, IMPD officers heard shots fired in the area of East 25th Street and Dr. Andrew J. Brown Boulevard, near Douglass Park, and noticed a vehicle speeding away about 4:15 a.m., IMPD Deputy Chief Kendale Adams said.

An officer then made a traffic stop on the vehicle, at which point Edwards got out of his car and explained to the officer that his vehicle had been hit by another car, according to court documents.

Edwards then got back into his vehicle and fled. The IMPD officer began to follow Edwards before losing track of him, according to court documents.

More: ‘We are concerned’: Indianapolis police involved in 9th shooting since Aug. 1

IMPD officers shortly located Edwards’ vehicle, which had crashed into a tree near East 25th Street and Columbia Avenue and watched Edwards climb into a tree in a nearby backyard.

While in the tree, Edwards told the officers that he was experiencing an epilepsy episode and asked them to call his mother and doctor. Officers told him that he would receive care from medics if he came down from the tree, but he refused until the medics arrived, according to body camera footage released by IMPD.

During this interaction, officers told him to stop reaching into his pockets and to show them his hands. Gossett threatened to shoot Edwards if he failed to comply.

“If you do it again, you will be shot,” an officer is heard saying in portions of body camera footage.

Edwards is heard three times telling officers to shoot him.

“Kill me,” he said.

“No,” the officers replied.

“I’m going to my pocket then, kill me,” Edwards said. Officer Gossett then discharged his firearm, shooting him. 

Edwards was transported to the hospital in critical but stable condition. He died two days later. No officers were injured.

After an investigation of the area, police were not able to locate a weapon, according to court documents.

Edwards’ estate claims excessive force, wrongful death

The lawsuit alleges that Gossett lacked probable cause to believe that Edwards was an immediate threat to him and his fellow officers, and for shooting a person who was unrelated to any ongoing crimes.

It also claims that Gossett conducted an unreasonable seizure and used excessive force, which violated Edwards’ 4th and 14th Amendment rights.

Although IMPD conducted an investigation into the shooting and concluded that Gossett was “acting under the color of the law and within the course of their employment,” Edwards’ estate believes his death was not justified and is suing Gossett individually.

The lawsuit also alleges that IMPD failed to provide proper training, supervision and monitoring of Gossett’s actions as an officer.

It also alleges that the city tampered with evidence that would have been relevant to the case, as the city had the tree where Edwards was shot by police removed within 24 hours after the shooting, according to the lawsuit.

The estate is hoping to have Gossett stand trial for the death of Edwards and the city to award the estate with compensatory damages and punitive damages for Edwards’ death.

Contact IndyStar reporter Noe Padilla at npadilla@indystar.com or follow him on X @1NoePadilla. Jake Allen contributed to this reporting, contact him at jake.allen@indystar.com.