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No charges against IMPD officers in deadly shooting of suspected burglar

Marion County Prosecutor Ryan Mears said there was no legal basis for filing criminal charges.
Credit: WTHR/Frank Young
IMPD officers are investigating an officer-involved shooting on the city's north side Thursday morning.

INDIANAPOLIS — The Marion County Prosecutor's Office announced it will not file charges against the IMPD officers who fatally shot 19-year-old McHale Rose last May.

Prosecutor Ryan Mears announced the decision Friday, saying the officers :

"Following an extensive review, the Marion County Prosecutor’s Office has concluded that there is no legal basis for filing criminal charges against four Indianapolis Metropolitan Police officers involved in the May 7, 2020, shooting death of 19-year-old McHale Rose.

A comprehensive review of the evidence indicates that the actions of the four IMPD officers do not meet Indiana’s legal standard to support criminal charges."

On May 7, 2020, four IMPD officers responded to an apartment near 79th Street and Township Line Road after a report of an attempted burglary. IMPD said when they arrived, Rose fired a rifle at the officers. All four officers fired back, shooting and killing him. No officers were injured.

The officers involved were David Loyal (39-year veteran), Pepper Eldridge (14.5-year veteran), Andrew Guzman (1.5-year veteran), and Joseph Maxey (19.5-year veteran).

IMPD Chief Randy Taylor said the initial 911 call for the attempted burglary at the apartment was traced back to Rose's phone, leading investigators to believe he was trying to ambush police.

Police initially said Rose did not have any connection to the apartment. The final report from the prosecutor's office says Rose was familiar with the address because a friend was killed there — a murder that has yet to be solved. 

The report also says Rose went on Instagram Live after calling 911 and referred to the apartment building as "Gordo's house," referring to Elijah Gordon — a 17-year-old North Central High School student who was shot and killed in 2018. Gordon's mother came home to find her son dead on the couch that night.

In the same video, Rose said he called police and knew they were coming, and can be seen and heard loading a magazine into an AK-47-style rifle, according to the report. The nearly seven-minute Instagram video ends shortly after Rose said police shot him and were trying to kill him.

Witness video shows officers asking Rose to drop his weapon before they shot him. The coroner said Rose died from multiple gunshot wounds. The autopsy report identified 12 gunshot wounds on Rose's body.

The prosecutor's office looked at two policies that cover self-defense for law enforcement:

  • Use of force to protect person or property
  • Use of force relating to arrest or escape

In both instances, prosecutors found officers were justified in using deadly force to defend themselves.

"The death of a young man is a loss to the entire community. That his death occurred during an interaction with police makes plain the need for transparency and accountability. That is why the Prosecutor's Office's decision is driven by impartial, objective evidence," the report says. "Unfortunately, Mr. Rose's conduct necessitated that the police defend themselves. The unbiased evidence shows that Mr. Rose shot first and police returned fire in self-defense. Based on that information, the Prosecutor's Office will not file charges in this case."


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