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Marshall County Prosecutor Determines Shooting Justified

March 8, 2012
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03/09/12 As the results of an extensive investigation by the Indiana State Police Marshall County Prosecuting Attorney David R. Holmes has determined that the police shooting of Mark Albright was “justified.” Consequently, no criminal charges will be filed against any officer involved in the incident.

In a press release Thursday Holmes gave a fairly detailed description of the sequence of events leading to the death of 62 year old Mark S. Albright, on Thursday, February 23rd.

The event began about 7:50 p.m. when an Argos Police Officer received a telephone call about a possibly intoxicated driver, giving the description of a red Dodge pickup truck.  Almost immediately after the cellular phone call the Argos officer observed the pickup truck which was north bound on Michigan Street frequently operating in an erratic manner.  The officer initiated a traffic stop on the vehicle.  The truck slowed and was pulling off the right side of the roadway, only to suddenly drive away at a high rate of speed.

A police pursuit of the suspected intoxicated driver began northbound from Argos on Michigan Road to US 31.  At times speeds exceeded 100 m.p.h.  The pursuit continued on 31, the east on US 30.  At the King Road light the vehicle stopped and then rammed an Argos Police vehicle at the beginning of a U-turn maneuver to head west no US 30, back onto the US 31 interchange and immediately returning to US 30 going westbound in the east bound lanes forcing other vehicle to take drastic evasive moves to avoid collision.  The pickup crossed the median to the westbound lanes and then left US 30 at the State Road 17 exit heading north on Michigan Road.

The truck turned west on Higbee Corner and traveled at a high rate of speed on numerous county roads in a circuitous route in the Tyner area, eventually traveling a short distance on US 6 east, then turning south on Quince Road and stopping near its intersection with Roy Street. In total the pursuit covered over 36 miles.

Mr. Albright exited the truck, walked into an open area with several law enforcement officer converged on the locations.  Three officers, two from the County Police Department and one from the Argos Police Department approached Albright, who had his back to the officers.  Two officers had Taser devices drawn, and none of the officers had their service weapons drawn. After being ordered to stop numerous times but refusing, Albright turned with an outstretched arm and fired two shots from a handgun directly at the officers. All three officers took evasive action and two of the three returned fire striking Albright multiple times.

Additional information states that Mark Albright’s Blood Alcohol Content was .133%.  The handgun recovered at the scene was identified as the same gun he possessed in a previous case in 2004 in which Albright was charged with OWU and Carrying a Handgun without a license.

The Prosecutor stated, “The investigation by the Indiana State Police was thorough, extensive, and professional.  There is no doubt that the decedent intended to do serious injury, perhaps even death, to the officers at the scene by his discharge of a handgun directly at them.  It is my judgment that the officers were fully justified in returning fire in self-defense.  Accordingly, there will be no actions by this office against any of the officers involved.  I was very please and impressed with the professional manner in which all of the departments conducted themselves in protecting the public.  I consider the matter closed.”

 

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