The Indiana State Police (ISP) has investigated the events and circumstances surrounding the November 23, 2021 police action shooting involving an officer with the Wabash County Sheriff’s Department. The investigation was submitted last week to the Wabash County Prosecutor’s Office for review.
Wabash County Prosecutor William C. Hartley, Jr. reviewed the ISP investigation regarding the police action shooting which occurred at 309 West Maple Street, Apt. 3, in Wabash, Indiana. After a thorough examination of the ISP reports, statements of witnesses, interviews conducted of the officer directly involved in the shooting, photographs, ISP crime lab reports, and use of force policy, the totality of the evidence establishes this incident as a legally justifiable shooting by law enforcement.
On the evening of November 23, 2021, officers with the Wabash County Sheriff’s Department, Wabash City Police Department, and Wabash County Drug Task Force were conducting a criminal investigation involving Dennis Harlan (age 51). The Wabash County officers applied for and received a search warrant from the Wabash Superior Court to search Mr. Harlan’s apartment for alleged drug related items.
At approximately 8:55pm, on November 23, 2021, officers made entry into Mr. Harlan’s apartment for purposes of serving the search warrant. As officers made entry into Mr. Harlan’s apartment they encountered Mr. Harlan in possession of what appeared to be a pistol. After numerous demands for Mr. Harlan to drop the apparent weapon, Mr. Harlan made a motion with the firearm that an officer with the Wabash County Sheriff’s Department took as a threatening motion and shot Mr. Harlan. Mr. Harlan was immediately taken for emergency medical care and has since been released from the hospital. The follow-up investigation discovered that the firearm Mr. Harlan possessed was actually a realistic looking air BB pistol.
Indiana Code 35-41-3-2© provides in part: …”a person is justified in using deadly force and does not have a duty to retreat if the person reasonably believes that the force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in the state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.”
After a thorough review of this case, it is clear that the officer from the Wabash County Sheriff’s Department was justified in using deadly force as it was reasonable to believe that the force was necessary to prevent the perceived rick of serious bodily injury to himself or the other officers in the immediate area.