INDIANAPOLIS — The Marion County Sheriff's Office released video Wednesday from the investigation into an inmate killing Marion County Sheriff's Office Deputy John Durm.
Sheriff Kerry Forestal also discussed personnel, policy and procedure changes as a result of the incident.
The suspect in Durm's killing, 34-year-old Orlando Mitchell, is charged with murder, robbery resulting in serious bodily injury and escape. The prosecutor's office is seeking the death penalty against Mitchell.
Durm was attacked by Mitchell on July 10. The Marion County Coroner's Office ruled Durm's death a homicide and said he died from ligature strangulation.
While Forestal said the department is struggling with staffing issues, he reiterated that did not lead to Durm's death.
"It wasn't understaffing that killed John Durm. It was not faulty equipment that killed him, nor was it complacency — it was Orlando Mitchell, and for that, I believe Orlando Mitchell will be held responsible," Forestal said. "Two deputies should have escorted him to Eskenazi."
In the edited video released by the sheriff's office, Mitchell can be seen trying to manipulate his leg shackles while at the hospital for a medical check.
The sheriff said Durm had transported Mitchell before, and that the belly chain had been properly secured.
"It appears as though they were put on properly, but as you put that chain around, you can fatten yourself up to try to make that so later it’d be loose," Forestal said. "We don’t know that, but in viewing, it appears they were put on properly. "
Officials said Durm, 61, was returning from taking Mitchell to a hospital prior to the attack.
"They spend 365 days a year trying to figure out how they can beat the system and what they can do to change it," Forestal said. "I know that they addressed it when they brought him to court. Our cert team said that he was consciously evaluating their movements, probably thinking when’s his next opportunity to make an escape."
The arrest report says the incident was captured on surveillance video, which showed Durm get out of the driver's side of the sheriff's van and walk to the back of the transport van. As Durm let Mitchell out of the van, video shows Mitchell move behind Durm and put his hands over Durm's head with the handcuff chain around Durm's neck.
The video released by the sheriff's office to the public shows the moments leading up to Durm being strangled.
The arrest report says video showed a struggle between Durm and Mitchell as they fell to the ground. In the video, Durm was seen trying to remove the chain as Mitchell stayed on top of him and continued choking Durm until he stopped moving. That all took approximately two minutes, according to the sheriff's office.
In the video released by the sheriff's office, Mitchell then uses a handcuff key to remove the handcuffs and get into the sheriff's van and drive away.
Bodycam video from a Cumberland officer shows the officer coming in and seeing Durm on the ground and notifying other officers of what happened as Mitchell drives past.
"Sir? He left the entrance to CJC. Can you have someone from inside come outside the bay? He appears 10-0," the Cumberland officer can be heard saying.
The video shows Mitchell drive the van through a gate before crashing into a light pole outside of the Community Justice Campus in the 3000 block of Prospect Street, near South Keystone Avenue.
Mitchell was removed from the van, handcuffed and placed on the ground.
Medics took Durm to Eskenazi Hospital, where medical staff pronounced him dead.
Officials said Mitchell was taken to Eskenazi Hospital following the crash.
Officials said another deputy suffered minor injuries while apprehending Mitchell after the crash and was treated at the scene.
A judge previously granted a motion to move Mitchell to the custody of the Indiana Department of Correction. Reasons for the request by the sheriff's office were Mitchell likely being charged in Durm's death and Mitchell posing a risk of serious bodily injury or death to others.
Policy changes
Forestal said there will now always be two deputies present when transporting inmates to medical visits. Overtime is approved to make sure this occurs.
Additional changes include:
- Anyone charged with murder will be wearing red jumpsuits. As of Aug. 30, 2023, there are 196 individuals in custody for murder.
- All off-site medical services, except those requiring ambulance transport for emergency treatment, shall be evaluated and authorized by contract physician with a documented reason as why services cannot be provided on-site and by contract medical provider before being transported.
- All off-site medical transports for inmates shall require two deputies during transport.
- All off-site medical appointments are conducted using two deputies or a combination of one deputy and one detention deputy — never two unarmed deputies.
- Drivers shall radio the officer in charge of Eskenazi upon the arrival supporting the hospital visit. They'll provide additional security at the hospital during the visit.
- Retraining will be done on belly chains to make sure all deputies are up to date with proper procedures.
- They will also conduct complacency training soon.
- A hard defibrillator is now fixed to the wall of the Adult Detention Center sally port.
- Vehicles entering the security gate to the sally port will identify their agency and the number of prisoners on board. The control clerk will radio process the arrival, and processing will meet the incoming driver in the sally port.
- Strict compliance to firearm storage enforced in the secure areas.
- Renewing request for cameras for Adult Detention Center wagons.
"I want to ensure our community that we are taking the necessary steps to eliminate any opportunities for those who wish to carry out harm against our staff. We are, and have always been, steadfast in our commitment to accountability in the safety of MCSO employees," Forestal said. "While no number of protocols or additional staff can eliminate all risk, we are firmer to our commitment to meaningful changes to reflect our dedication to continuous improvement, and mostly importantly, honor the memory of the life we lost."
Two deputies were terminated and two demoted as a result of what happened with Durm.
Orlando Mitchell's criminal history
Orlando Mitchell was previously charged with the murder of Krystal Walton, 32, at an Indianapolis day care center on the near west side of Indianapolis on Sept. 16, 2022.
Mitchell had a history of domestic abuse against Walton, the mother of his 1-year-old son, before her murder.
According to court documents, Mitchell’s mother had gone to the scene of the shooting, telling officers Orlando had threatened to kill Walton and make it a "murder-suicide." Court documents also claim that her son told her, "If he couldn’t see his son, she wasn’t gonna be in his life either."
During the arrest, Mitchell got out of his car holding an AR-15 style rifle and allegedly pointed the gun at officers. Officers in bodycam footage from the arrest can be heard yelling for him to "drop the weapon." Police then fired several shots, hitting Mitchell in the leg.
IMPD’s video also shows an arrest team using a protective shield while they approached Mitchell and secured his rifle before handcuffs were put on.
Officers also found a handgun in a holster in the front waistband of Mitchell's pants.
No police were injured in the shooting, and Mitchell was taken to a hospital in stable condition.
Leading up to the shooting at the day care center, Mitchell was charged with domestic battery in the presence of a child, breaking and entering, invasion of privacy, violating a no-contact order and intimidation.
Mitchell’s jury trial for the murder of Walton is currently set for Oct. 24, 2023.
Death penalty cases in Indiana
If the Mitchell case is approved for death penalty status, it will be the sixth death penalty case pending in Indiana.
Other cases include:
- 2022 – Phillip Lee accused of killing Richmond Police Department Officer Seara Burton.
- 2022 – Carl Boards II accused of killing Elwood Police Department Officer Noah Shahnavaz.
- 2021 – Gary Ferrell accused of killing two women outside the NHK plan in Frankfort.
- 2020 – Elliahs Dorsey accused of killing IMPD Officer Breann Leath.
- 1999 – John Adams accused of murdering his wife and son. Currently deemed incompetent to stand trial.
Two of those cases were filed within the last year. Three of the five pending cases involve the death of an officer.
Eight men currently sit on death row at the Indiana State Prison in Michigan City. But Indiana has not executed anyone since Dec. 11, 2009. No executions are scheduled, despite four men having exhausted all appeals.
For more information on death penalty cases in Indiana, click here.