SPEEDWAY, Ind. — A special prosecutor said he will not file charges against a Speedway officer who shot and killed a suspect.
Attorney Chris Gaal, a former Monroe County prosecutor, found Officer Robby Harris was acting in self-defense when he shot and killed 28-year-old De'Aire Gray on Feb. 12.
The Feb. 12 incident happened around 11:30 p.m. in the 5900 block of West 25th Street, not far from Interstate 465.
According to Gaal's findings, Gray had a BB gun that looked like a handgun and did not drop it when he was ordered to do so by police. The special prosecutor found Harris was acting in self-defense when he then shot Gray.
Citing a body cam recording, Gaal claims an officer can be heard shouting: "He's got a gun!" Gaal reported that he could then hear Officer Harris shouting: “You better drop it right now. Drop it. Drop it. Drop it. What is it? Drop it. I want to talk to you. Drop it right now. Drop the gun.”
Following that, body cam video is said to show Harris firing four shots.
At the time, Speedway Police described Gray's injuries as non-life-threatening. Gray ended up dying at the hospital nine days later. The Marion County Coroner released information about Gray's death, saying he passed away from multiple gunshot wounds.
None of the officers were injured.
Police were originally called about Gray trespassing on the property of an apartment complex. The complaint said Gray would park his car at the property and stay there every night.
When officers arrived to investigate, they said they encountered Gray and he took off running.
When Harris caught up to Gray, he said he already had his taser ready because Gray had shown he was uncooperative. As Harris opened the door of his car, he said he heard another officer shout that Gray had a gun.
Harris said that he waited until he could visually see a gun in Gray's hand before ordering him to drop it. Harris said that Gray then pointed the gun at him and so he shot Gray.
When police interviewed Gray's mother, she allegedly told them he had been diagnosed as schizophrenic, and had not taken his prescribed medications in approximately five years.