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Officers justified in 2021 fatal shooting of man in Ripley County


Ripley County Prosecuting Attorney Ric Hertel released his findings Friday on a 2021 shooting where Indiana State Police officers responding to a domestic situation fatally shot a man who pointed a gun at them in Ripley County. It happened Oct. 10, 2021, at a house on East County Road 900 North near Sunman, Indiana. Sgt. Stephen Wheeles with Indiana State Police said 37-year-old Joshua Ebinger violated a protection order and that led to a woman at the home calling 911."This was a very serious call from the get-go. It was a domestic situation involving a gun. The officers already knew a gun was involved in the situation when they were responding to that residence," Wheeles said.Wheeles said officers removed the woman from the house safely, but then Ebinger stepped outside holding a gun."I was in my room, and I just heard the cops saying, 'Put the gun down," said a neighbor.Investigators said Ebinger ignored their commands and then pointed the gun at two of the officers."It resulted in two officers firing weapons at the individual," Wheeles said.Wheeles said a state trooper and a Ripley County Sheriff's deputy both fired at Ebinger. He died at the scene.ISP said the entire incident was recorded on body camera by one of the troopers.No officers were injured.Wheeles said all of the evidence will be given to the Ripley County prosecutor for reviewOn Friday, prosecutor Hertel plans to release his findings. Hertel said the officer's use of force was "objectively reasonable in light of all known facts." He said the evidence supports the legal justification defenses that deadly force was appropriate in this instance."Based on Ebinger's pointing of a firearm directly at an officer combined with his earlier behavior toward a victim, dispatch and the officers created a reasonable belief that Ebinger intended to inflict serious bodily injury to the officers and/or commit a forcible felony. Further, the officers who were acting in their official capacity were in a place where tehy had aright and duty to be and while there, were placed in reasonable fear or death or serious bodily harm based on Ebinger's actions that day," Hertel said. "Ebinger created an immediate and potentially deadly threat to the officers that justified the use of deadly force under two separate legal justifications."

Ripley County Prosecuting Attorney Ric Hertel released his findings Friday on a 2021 shooting where Indiana State Police officers responding to a domestic situation fatally shot a man who pointed a gun at them in Ripley County.

It happened Oct. 10, 2021, at a house on East County Road 900 North near Sunman, Indiana.

Sgt. Stephen Wheeles with Indiana State Police said 37-year-old Joshua Ebinger violated a protection order and that led to a woman at the home calling 911.

"This was a very serious call from the get-go. It was a domestic situation involving a gun. The officers already knew a gun was involved in the situation when they were responding to that residence," Wheeles said.

Wheeles said officers removed the woman from the house safely, but then Ebinger stepped outside holding a gun.

"I was in my room, and I just heard the cops saying, 'Put the gun down," said a neighbor.

Investigators said Ebinger ignored their commands and then pointed the gun at two of the officers.

"It resulted in two officers firing weapons at the individual," Wheeles said.

Wheeles said a state trooper and a Ripley County Sheriff's deputy both fired at Ebinger. He died at the scene.

ISP said the entire incident was recorded on body camera by one of the troopers.

No officers were injured.

Wheeles said all of the evidence will be given to the Ripley County prosecutor for review

On Friday, prosecutor Hertel plans to release his findings.

Hertel said the officer's use of force was "objectively reasonable in light of all known facts."

He said the evidence supports the legal justification defenses that deadly force was appropriate in this instance.

"Based on Ebinger's pointing of a firearm directly at an officer combined with his earlier behavior toward a victim, dispatch and the officers created a reasonable belief that Ebinger intended to inflict serious bodily injury to the officers and/or commit a forcible felony. Further, the officers who were acting in their official capacity were in a place where tehy had aright and duty to be and while there, were placed in reasonable fear or death or serious bodily harm based on Ebinger's actions that day," Hertel said. "Ebinger created an immediate and potentially deadly threat to the officers that justified the use of deadly force under two separate legal justifications."


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