ILNews

Jury: Ex-Ball State officer not liable in shooting

Michael W. Hoskins
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
A federal jury decided in less than three hours that a former Ball State University police officer isn't liable in the fatal shooting of a drunken, unarmed student four years ago.

An eight-person jury returned Monday evening with a verdict in about 2 ½ hours, after hearing 10 days of arguments and testimony in the case of McKinney v. Robert Duplain in U.S. District Court in Indianapolis. Jurors determined that Duplain wasn't liable for Michael McKinney's death.

More than 50 people - mostly McKinney's friends and family - crowded the courtroom on the final day of trial, and a handful had to clear the aisles and listen from another room because of space and seating limitations. Many wore green ribbons and buttons with McKinney's photos on them.

The trial started Jan. 22 in U.S. District Judge Richard Young's courtroom and ended with closing arguments Monday afternoon before jurors began deliberating about 3:15 p.m.

Their focus: what happened about 3:30 a.m. Nov. 8, 2003, when 21-year-old McKinney was shot four times by BSU campus officer Robert Duplain, who was responding to a report of a stranger pounding on the door of a house. Tests later showed that McKinney had a blood-alcohol content more than four times the legal limit to drive. A grand jury and internal police investigation later cleared Duplain of any wrongdoing in the shooting, but McKinney's parents filed suit in early 2004 on grounds of unreasonable excessive force and wrongful death.

Plaintiffs hired Michigan attorney Geoffrey N. Fieger, who is known for his high-dollar cases and has represented clients such as assisted-suicide advocate Jack Kevorkian in the 1990s. Defense attorneys included Indianapolis attorney John Kautzman with Ruckelshaus Rolad Kautzman Blackwell & Hasbrook, Brad Williams with Indianapolis-based Ice Miller, and Scott Shockley with DeFur Voran in Muncie.

Key issues centered on what happened, specifically whether McKinney charged Duplain, whether Duplain sufficiently alerted McKinney to his presence, and whether Duplain acted reasonably in shooting McKinney four times.

Attorneys offered dramatically different versions of what happened, with plaintiffs' counsel contending that McKinney was in a drunken haze not capable of harm while the defense asserted the then 24-year-old rookie cop had no choice but to act in self-defense when McKinney charged at him.

From day one, Fieger described the fatal shooting as an "execution-style" killing that led to a "cover-up of horrendous proportions" because of various discrepancies in police and witness accounts of what happened.

Fieger asked for $42 million in compensatory damages for the value of McKinney's life, pain and suffering, and the loss of his earning capacity, and his love and companionship for his family. He also requested $25 million more in punitive damages, cutting the $250 million figure he'd mentioned at the start of trial.

"This case is about the betrayal of the trust we have in our police officers," he said during his almost two hours of closing statements, saying that most attorneys are working for money. "I guess I'm one of those greedy lawyers. I'm greedy for justice. The only way I can get justice for everyone in the U.S. is by asking for money."

But defense attorneys countered that claim by saying this was one of the most dangerous kinds of calls an officer can go on, and that Duplain was justified in shooting McKinney because the officer was in fear of his safety. They argued Fieger brought in paid experts to analyze the case rather than rely on those people who'd been there and handled the case, and much of the plaintiff's foundation was based on faulty conclusions, misinterpreted evidence, and facts that weren't facts.

"I think you've seen enough of this ploy, and it is a ploy, to recognize it as a smokescreen," Williams said in his closing, referring to Fieger's case.

Williams countered claims about discrepancies in witness and police accounts about what happened, which Fieger examined during trial as examples of a cover-up.

"If we asked you to write down in 10 seconds an account of this trial. We'd get eight different versions - and you've had the luxury of taking notes and knowing what's important in these two weeks of trial," Williams told jurors. "Inconsistencies are a hallmark of the truth."

His co-counsel Kautzman also told jurors to see through Fieger's ploy and smokescreen, noting that "water doesn't run uphill" just because the plaintiff's attorney says so - a reference to Fieger's previous grilling of a witness when he noted the defense was trying to make things look differently than they really are.

"We sometimes forget that tragedies happen every day the world over, without anyone being legally at fault," Kautzman said. "Bad things happen to good people. Legal liability isn't always the answer."

Kautzman credited Fieger with being a brilliant trial lawyer and said it was interesting and challenging to be up against him.

"He's a unique individual, but I'm not sure if his style of lawyering was a right fit for a central Indiana jury in this case," Kautzman said, adding that he was also surprised that Fieger wasn't present to hear the verdict in court. "But this was a difficult, emotional case all around, and it really was a privilege working with such top-notched trial lawyers."
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  2. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  3. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  4. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  5. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

ADVERTISEMENT