3-27-15 Indiana:Vigo County Prosecutor Terry Modesitt says he will not pursue charges in a police-action shooting that occurred Feb. 25 on Terre Haute's east side. Alexander Phillip Long, wanted on a warrant, died in the shooting.
Modesitt told assembled media at a morning news conference that the shooting was justified.
Officer Kurt Brinegar's actions "were consistent with exercising self-defense or defense of another to prevent serious bodily injury or death or to prevent the commission of a forcible felony," Modesitt stated in a news release.
Long's actions that day "placed many people in danger, including the community and the officers who attempted to arrest Mr. Long on a warrant," Modesitt stated. He issued his decision after reviewing a report compiled by Indiana State Police, who submitted results of their lengthy investigation to him a week ago.
During a news conference, Modesitt told reporters, "This was an unfortunate situation that was caused by the defendant in this case. If at any time he would have complied with the orders and the requests he was receiving from law enforcement, the result would not have been the same. Unfortunately, he refused to comply."
After a thorough investigation, "We've determine officer Kurt Brinegar's actions were justified and there were not any criminal acts committed by any of the officers involved in this case," Modesitt said.
Brinegar, a 23-year veteran police officer, "has a very good reputation and a very good record as a police officer," Modesitt said. "He's a very respected officer."
In the news release, officials released a quote from Brinegar describing his state of mind at the time of the shooting:
"My first thought was he's going to shoot JT (Pearce) or Rob (Pitts) on that side ... I don't even know if he knew I was over there by the way he was acting and I thought, aww, he's gonna shoot one of those guys. And they can't see what I see. They're looking through a tinted window. I thought it was a done deal. He's going to do something."
At the time of the shooting, officers believed Long had a weapon, Modesitt said. A subsequent investigation showed that Long did not have a weapon in his vehicle.
Long’s car was stopped east of 25th and Poplar streets following a multi-car police chase. He was wanted on a newly issued warrant for charges of rape, criminal confinement and domestic battery.
An autopsy found that Long died from a single gunshot wound to the chest.
A state police news release in February stated that the shooting occurred when Long made a threatening move with his hands. Terre Haute Police Chief John Plasse said he was told the suspect did not cooperate with officer commands to show them his hands, and Long reached inside his jacket. That is when Brinegar fired one round that struck Long in the right torso. This occurred after police used a Taser on Long, to no effect.
No weapons were found inside Long's vehicle, which police said he had used to strike their vehicles when they boxed him in and surrounded the car. ..Source.. by Sue Loughlin/Tribune-Star
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