DEKALB COUNTY, Ind. (WANE) — A probable cause affidavit detailing the last moments of Indiana State Police Master Trooper James Bailey before he was struck by a man driving “recklessly” was released Monday.
Terry D. Sands II, 42, of Marion was charged with resisting law enforcement, a Level 2 Felony in this case because a public safety officer was killed. He was being held at the DeKalb County Jail.
After the accident, Sands was interviewed at the Auburn Police Department. Sands said he was going north on I-69 when he saw police lights and vehicles slowing down. He said he drove in and out of traffic and that he noticed an officer had his lights on behind him and he continued to drive without stopping.
Sands said he saw an officer deploying stop sticks and that he swerved to the left and the officer was at the left.
Sands claimed “the officer ran in front of him.” He also said he smoked marijuana within an hour of the crash and was on his way to buy more marijuana in Michigan.
“They said I was going 80 or 90 mph, but it could not have been that fast,” Sands is quoted as saying in court records. He thought he was going 70 miles per hour and road conditions were bad because of the heavy snow.
The incident began on Friday, March 3 around 4:30 p.m. when Fort Wayne off-duty police officer Matthew Mcgill saw Sands driving his 2003 silver Jeep north on I-69 erratically and at a high rate of speed, court documents said. Sands “was moving around aggressively in the vehicle” and “yelling.”
McGill, activated his emergency lights, but Sands refused to stop, court documents said.
McGill saw Trooper Bailey trying to put down stop sticks in front of the Jeep and then saw Sands drive straight towards the trooper, striking him.
With the officer down, Mcgill and others stopped their vehicles, rushing to aid Bailey.
Then Mcgill started to deal with Sands who got out of his car and was coming back toward the scene. Mcgill gave Sands verbal commands to get on the ground and he refused. Mcgill had to use force to take Sands into police custody, court documents said.
Meanwhile Bailey was transported from the scene, taken to Parkview Regional Medical Center where he was pronounced dead.
Sands was taken to the DeKalb Parkview Hospital where he refused a chemical test for intoxication. A blood draw was completed at 7 p.m.
A Level 2 felony carries a sentence of between 10 and 30 years, with an advisory sentence of 17.5 years.