The civil trial for the two white officers, Michal Dinnsen and Carlton Howard, was scheduled this week for March 25, 2019. The white media could careless about this story and have provided no information as to why trial was set nearly a year and a half from now.
In October Special prosecutor Kenneth P. Cotter, [racist suspect in photo], said that two Indianapolis Metropolitan Police officers would not face charges in the fatal shooting because the pair reasonably feared for their lives. [MORE]
Sounding like a defense attorney, the prosecutor said the cops told him Bailey was unwilling to cooperate during the initial traffic stop, he was unusually nervous, he fled at high speed, he crashed into a tree, he had been a suspect in robberies, his passenger was wanted in association with a homicide and, perhaps most fateful, his reaching into his vehicle's center console while ignoring commands to show his hands, according to the accounts of the officers. The prosecutor believed whatever the cops said. [MORE]
Both officers were suspended in November by Indianapolis' police chief, who has recommended they be fired.
The civil lawsuit, filed Wednesday in the U.S. District Court for the Southern District of Indiana, says the shooting by Indianapolis Metropolitan Police Department Officers Carlton Howard and Michal Dinnsen was "objectively and subjectively unreasonable."
It also alleges violations of Bailey's constitutional rights. The suit contradicts the prosecutor's findings.
"Officer Howard's actions in using excessive force against Mr. Aaron Bailey and violating his bodily integrity shock the conscious and constitute a violation and deprivation of Mr. Bailey's rights under the 14th Amendment of the U.S. Constitution," the 10-page complaint says.
The lawsuit, filed by Bailey family attorney Craig R. Karpe, requests punitive damages and a jury trial.
Bailey was driving just before 2 a.m. on June 29 when police pulled him over for an unknown traffic violation near the intersection of Burdsal Parkway and Riverside Drive. Unknown because the police have refused to release information about the stop.
The stop was near the intersection of Burdsal Parkway and Koehne Street, Marion County, Indiana. Although Bailey initially stopped for the officers, after an initial verbal exchange, he rolled up his window and drove away from the scene of the stop.
After a police pursuit of a little over 3 minutes, Bailey wrecked his vehicle near the intersection of west 23r Street and Aqueduct Street. The impact of the wreck caused serious damage to the front end of Mr. Aaron Bailey's vehicle, the airbags to deploy, and the vehicle engine to turn off.
Immediately following the wreck Officer Howard and Officer Dinnsen, exited their police vehicle and began to fire their weapons into Mr. Aaron Bailey's vehicle without prior verbal command or warning. At no time after the wreck did Mr. Aaron Bailey attempt to exit his vehicle or turn to face the officers.
Officer Howard and Officer Dinnsen, shot a minimum of 11 shots at Mr. Aaron Bailey through the rear and back driver side of his vehicle. Per the report of the Marion County Coroner, four of the bullets fired by Officer Howard and Officer Dinnsen struck Mr. Aaron Bailey in the back torso, traversing to the front chest and mortally wounding him.
Officer Howard said he saw Bailey "rummage" in the area of the center console, the report said, and then turn toward Howard without showing his hands.
Officer Dinnsen said he saw Bailey open the center console and "frantically" go into it.
Ward said that Bailey did not open the console and that she believed the force of the car crash and airbags opened the console.
Photographs confirmed the console lid was up, the report said.
An accident reconstructionist said the force of the crash could have unlatched the lid but a person would have had to raise the lid for it to remain upright.
No weapon was found in the car.