Ball State student shot and killed by rookie university officer
Bedford native shot 4 times early Saturday morning
By Brian Janosch & Brandon Morley
MUNCIE -- A 21-year-old Ball State University student from Bedford, Ind., was shot and killed by university police early Saturday morning.
Junior Michael S. McKinney was banging on the back door and window of an off-campus house when the police were called around 3 a.m., Ball State spokesperson Heather Shupp said.
The Indianapolis Star reported that Ball State Police Officer Robert Duplain, 24, arrived at the scene and asked the student to come down from the back porch. From there, the student lunged off the porch toward the officer, when Duplain shot and killed McKinney with four shots to the torso.
"It is a terrible tragedy for the university and community," Shupp said. "Our focus is on the family and getting support for them and any friends of the student's. We are also making sure that the officer and his co-workers receive all the support they need as well."
The university had several counselors on duty over the weekend to provide the help they needed.
McKinney had been a member of the Delta Chi fraternity, whose house had closed down last year due to financial troubles. The university was not aware of McKinney's current residence.
Duplain has been on the Ball State police force for just seven months, and had completed his basic firearms and law course from the Indiana Law Enforcement Training Board, which allowed him to carry a weapon while on duty, The Indianapolis Star reported.
He had also completed 14 weeks of field training with the university and is scheduled to train at the Indiana Law Enforcement Academy in January 2004. Duplain is currently on administrative leave awaiting an investigation of the shooting, The Indianapolis Star reported.
"Case law in Indiana says a jury has to determine what was in the officer's mind at the time of the shooting," said Marc Lansky, an IU graduate and former Allen County prosecutor. "If the officer has hollered at someone and the guy charges him, the officer has to assume in a second or two whether or not the guy has a weapon."
Two IU Police Department administrators, including Lt. Jerry Minger, said they cannot remember a time in the last 30 years where an officer fired his weapon on campus.
Lansky said Indiana police officers have the right to use any appropriate force to make an arrest or stop a crime, which includes deadly force if the officer feels it necessary.
Many Ball State students were already aware of the death just one day after the shooting, and several students questioned the the officer's decision.
"I just think that (the officer) shouldn't have shot him so quick," Ball State Student Ryan Dye said. "They didn't even know if he was armed. I don't see any reason why they thought he was going to be violent. Or they also didn't have to shoot him four times, they could have just shot him in the leg or something so he couldn't attack them."
The Indianapolis Star reported McKinney had been previously charged with public intoxication, possession of stolen property and criminal mischief in May 2002 when he and other members of his fraternity were caught stealing street signs. Information has not yet been released as to whether or not McKinney was intoxicated at the time of his death.
-- Contact staff writer Brian Janosch at
bjanosch@indiana.edu. Staff writer Brandon Morley contributed to this report.