Hancock Co. Prosecutor Won't Press Charges in Road Rage Shooting

HANCOCK COUNTY, Ind. — Criminal charges will not be filed against a man who shot and killed an allegedly unarmed aggressor during a road rage confrontation in Hancock County.

The Hancock County Prosecutor’s Office says the road rage shooting falls under self-defense.

Previous reports detail the shooting, which took place on the afternoon of July 21. Police said the shooting was the result of a road rage confrontation and ended in the death of 37-year-old Kevin Powell of Indianapolis.

After the shooting, the gunman, who the prosecutor said was driving to work, stayed on scene and called 911.

“You know this is a tragic situation. There are no winners here,” said Hancock County Prosecutor Brent Eaton. “It’s really a terrible situation. We hate to see things like this happen.”

According to investigators, two vehicles — a Volkswagen Jetta and a Dodge Journey — had been traveling along the same path from Marion County into Hancock County. Witnesses claim the Dodge began following the Volkswagen at an extremely close distance, less than a foot off the other car’s bumper.

When the two vehicles stopped in a construction zone, Powell reportedly exited the Dodge Journey and “aggressively approached the Volkswagen,” according to the prosecutor’s findings.

One witness allegedly heard Powell tell the Volkswagen driver, “You shouldn’t be driving on my road that fast, motherf*.”

A witness described Powell’s demeanor as “very hostile.”

After berating the Volkswagen driver, Powell reportedly started back toward his Dodge, but then turned around and headed back toward the Volkswagen. The Volkswagen driver stepped out of his vehicle armed with a handgun.

The prosecutor makes no mention of Powell ever being armed.

“I wouldn’t do that. Don’t do that. Get back in your car,” the Volkswagen driver allegedly told Powell. But Powell reportedly kept advancing.

The Volkswagen driver then fired several shots, striking Powell more than once.

Powell retreated to his vehicle and succumbed to his injuries, investigators said.

Witnesses later told police that at one point, Powell allegedly was heard saying to the Volkswagen driver, “Oh, you gonna get your gun? You afraid? You gonna get your gun? Well, come on, get out.”

“At every point the driver of the second vehicle (Powell) was the aggressor and was intent on escalating the situation,” said Eaton.

Prosecutor Eaton claims one independent witness said, “If I was put in that predicament, if I was the guy in the Volkswagen, I would have been scared for my life.”

“Objective observers, without any connection to either party, said it was their opinion the driver of the Volkswagen would have been in fear for his life from the manner he was approached,” said Eaton.

Because Powell allegedly threatened bodily harm to the driver, and the driver reportedly never approached Powell and only stood his ground at his own vehicle, the Hancock County Prosecutor’s Office determined the shooting to fall under Indiana’s self-defense law.

“The evidence in this case establishes that the Dodge driver followed the Volkswagen at an extraordinarily close distance; exited his vehicle and initiated the confrontation; aggressively approached the occupied Volkswagen; threatened bodily harm; challenged the Volkswagen driver to retrieve a firearm and exit the vehicle; briefly turned toward his own vehicle; and then renewed his approach despite repeated verbal warnings to stop and return to his vehicle,” the prosecutor’s office said.

In reviewing this evidence and consulting with Indiana’s Code on self-defense, Eaton said his office would not be filing criminal charges against the Volkswagen driver.

Before the deadly encounter, the shooter and Powell were total strangers.

“You know it’s tragic, because it’s avoidable. The driver of the second vehicle, there was no reason for him to get out of his car,” said Eaton. “The law in Indiana is clear. If you are in fear for your life, you do not have a duty to retreat and you are able to use deadly force and that’s what happened here.”

Hancock Co. Prosecutor Won't Press Charges in Road Rage Shooting was originally published on wibc.com