INDIANAPOLIS — The Marion County Prosecutor’s Office has indicted two Indianapolis Metropolitan Police Department officers in relation to the shooting of a man who had been asleep inside a vehicle in his grandma’s driveway last December.
According to the prosecutor’s office, IMPD officers Carl Chandler and Alexander Gregory have been indicted on two counts of aggravated battery, a Level 3 felony; battery with a deadly weapon, a Level 5 felony; battery resulting in serious bodily injury, a Level 5 felony; criminal recklessness, a Level 5 felony; criminal recklessness, a Level 6 felony and battery resulting in a moderate bodily injury, a Level 6 felony.
IMPD previously released bodycam footage of the Dec. 31, 2022, shooting where 24-year-old Anthony Maclin was awoken in his vehicle by IMPD officers tapping on the glass who then fired dozens of shots into the car. Maclin had a gun on his lap but never fired the weapon or pointed it toward officers.
An attorney representing Maclin said his client never even had the gun in his hand and was licensed to carry a firearm.
IMPD admitted that there was no “clear view of the position of the gun after the man woke up and moved his arm.”
Maclin had been asleep in a rental vehicle in his grandmother’s driveway prior to the shooting. The grandmother, not recognizing the vehicle, had called police.
In the bodycam footage, the grandma can be heard recognizing her grandson shortly after the shooting. She apologizes to him.
Maclin responds, after being shot, by telling his grandmother, “I didn’t want to wake you guys up.”
“This ‘shoot first and ask questions later’ approach to policing is illegal and cannot be tolerated,” said Stephen Wagner, an attorney representing Maclin.
Maclin survived the shooting despite being struck three times by more than 30 rounds fired by the police officers. He had six surgeries and was in the hospital for 17 days. Maclin later filed a tort claim against the city of Indianapolis alleging officers used excessive force and caused emotional distress.
The Marion County Prosecutor’s Office said criminal charges will now move forward in Marion County Superior Court 20 against the two IMPD officers.
“We are thankful to the Maclin family for their patience and grace during this immensely difficult time,” Marion County Prosecutor Ryan Mears stated.
IMPD said both officers were placed on paid, administrative leave after learning of the grand jury’s indictment.
“The charges will now be filed and will be subjected to the rigors of the criminal justice system. Chief Taylor respects the criminal justice process,” IMPD said in their statement.
At the conclusion of the criminal process, the case will be presented to the civilian-majority Use of Force Review Board, according to IMPD.
“As with anyone under indictment, the officers should be considered innocent unless and until proven guilty in a court of law,” IMPD stated.
John Kautzman, an attorney representing officers Chandler and Gregory, said he was disappointed in the prosecutor’s decision to file charges against the IMPD officers and said that the officers “acted in accordance with their training to defend their lives.”
Kautzman called the charges an attempt by the Marion County Prosecutor’s Office to “criminalize officer’s actions taken in the performance of their duties.”
Kautzman went on to say the officers look forward to defending themselves in court.
The entire statement from Maclin’s attorney is included below.
Today a Marion County Grand Jury took the first step in holding IMPD Officers Alexander Gregory and Carl Chandler accountable for their actions on December 31, 2022. On that day these two officers fired more than 30 rounds into Anthony’s car, three of which struck Anthony. The supervising officer, Lucas Riley, fired only one round. This police shooting was senseless. Anthony was not committing a crime, was not accused of committing a crime, had not threatened anyone, had not attempted to harm anyone, and posed no immediate threat to the officers or anyone else. Despite this, Gregory and Chandler fired into the car for seven seconds, unloading their magazines and leaving Anthony’s car riddled with bullet holes. While Anthony had a firearm in the car—and a license to carry the firearm—he never reached for the gun. He never had the gun in his hand, and he certainly did not point the gun at officers. Anthony’s only ‘offense’ was being a young black man in a high crime neighborhood. This ‘shoot first and ask questions later’ approach to policing is illegal and cannot be tolerated, which is why the family is grateful that the criminal process will proceed against Officers Gregory and Chandler.
Although criminal prosecution is one way to hold police officers accountable, there is another obvious way to do so. Anthony and his family again call upon Chief Randal Taylor to suspend Officers Gregory and Chandler without pay and recommend their termination by the Merit Board. Although the Merit Board cannot take final action until after the criminal process plays out, Chief Randal has the authority to recommend termination and suspend the officers without pay for up to six (6) months. He has done that selectively in the past, but never in a case involving deadly force. This unwritten policy sends the wrong message to IMPD officers. Until officers understand that they will lose their job and paycheck if they violate policy when using deadly force, they will
Stephen M. Wagner, Attorney for Anthony Maclin and Vickie Driver
continue to do so
The entire statement from the attorney representing officers Chandler and Gregory follows.
“We are extremely disappointed in the Marion County Prosecutor’s decision to file criminal indictments against Officers Chandler & Gregory. These officers acted in accordance with their training to defend their lives when a subject grabbed a gun and raised it toward them. Video, testimonial, and other evidence will establish the legality of their actions. These charges only represent probable cause to hold a trial and are not proof of guilt.
This attempt by the Marion County Prosecutor to criminalize officer’s actions taken in the performance of their duties while protecting themselves and the public represents an alarming trend of targeting police officers. The men and women of law enforcement are not only legitimately in fear of their personal safety in an increasingly violent community, but are too often also being placed in legal jeopardy for simply trying to do their jobs.
Officers Chandler & Gregory look forward to a full and fair opportunity to defend themselves in court and establish that they acted legally and appropriately.”
John Kautzman, attorney for officers Carl Chandler and Alexander Gregory
