A fleeing driver who was shot and wounded by a railroad police officer is a 13-year-old boy who will face at least one felony charge, a prosecutor said Tuesday.
The boy will face a charge of resisting arrest by fleeing in a vehicle and possibly other charges, Elkhart County Prosecutor Vicki Becker said.
The boy, who was shot in a shoulder, was expected to be released later Tuesday from a hospital, at which time the Indiana State Police were planning to arrest him, The Elkhart Truth reported.
"As he is 13, the proceedings will have to take place in the juvenile court system," Becker said.
The boy was fleeing an Elkhart police officer tried to initiate a traffic stop when he was shot late Sunday, investigators have said. They were still trying to determine Tuesday where the vehicle came from.
A Norfolk Southern police officer heard the pursuit on his radio and went to assist the Elkhart officer, Becker said.
The boy drove onto private property and was trying to re-enter a road when the railroad officer opened fire at the suspect's vehicle, Becker said. The boy exited the vehicle and was restrained, she said.
The railroad officer, who has not been identified, was the only officer who fired shots, and he fired more than once, Becker said.
A decision on whether the officer should face criminal charges likely will take several weeks, Becker said. Indiana State Police are conducting the investigation.
The officer previously had been a deputy with the Elkhart County Sheriff's Department, she said.
Norfolk Southern has said the officer has been placed on administrative leave pending the results of the investigation.