FORT WAYNE, Ind. (WANE)- The Fort Wayne Police Department officer who was on duty when he struck and killed a pedestrian at a downtown intersection back in April will not face any criminal charges.

The Allen County Prosecutor’s Office released its review of the incident Tuesday morning. Henry Najdeski died days after he was hit by a pickup driven by Sergeant Joshua Hartup on April 19 as he was walking in the crosswalk at South Calhoun and Main Street.

Henry Najdeski
Henry Najdeski (Credit to Barrett McNagny LLP)

In its release to the media, the prosecutor’s office noted that Najdeski had the right of way to cross Main Street when Hartup turned left onto Main Street from Calhoun Street with a green light for traffic on Calhoun.

Hartup told investigators he didn’t see Najdeski until he was hit by the pickup. He then immediately stopped the truck, called for help, and rendered aid until emergency responders arrived.

Toxicology tests showed no drugs or alcohol in Hartup’s system and neither of his cell phones were being used at the time of the crash.

Because the vehicle was unmarked with no police equipment, there was no in-car camera. A video taken from a nearby building indicated Hartup was not speeding at the time of the crash.

Barrett McNagny LLP, the law firm Najdeski worked for, issued a statement Tuesday regarding the Allen County Prosecutor’s Office’s findings:

“We greatly appreciate Prosecuting Attorney Michael McAlexander, the Indiana State Police, and others meeting with us yesterday to discuss the results of the investigation.  The family also sincerely appreciates your continued prayers and support as they try to pick up the pieces from this tragic incident.”

Kevin K. Fitzharris | PARTNER – REGISTERED CIVIL MEDIATOR, Barrett McNagny LLP

Prosecutors determined there is no criminal liability on the part of Hartup, noting that Indiana does not have a negligent homicide law. A Failure to Yield to Pedestrian-Bodily Injury infraction has been filed against Hartup. He’s scheduled to appear in court for that on August 29, 2023.