INDIANAPOLIS — A Marion County Grand Jury indicted two Indianapolis Metropolitan Police Department officers for their alleged roles in the Dec. 31, 2022, shooting of Anthony Maclin.
Officers Carl Chandler and Alexander Gregory have been indicted on two counts of aggravated battery, battery with a deadly weapon, battery resulting in serious bodily injury, criminal recklessness, and battery resulting in moderate bodily injury.
“We are thankful to the Maclin family for their patience and grace during this immensely difficult time,” Marion County Prosecutor Ryan Mears said.
Maclin, 24, fell asleep in a car outside of his grandmother's home in the 3600 block of North Oxford Street, near North Keystone Avenue and East 38th Street on the city's near northeast side.
Maclin's grandmother, Vickie Driver, called 911 around 4 a.m., saying a black car was in her driveway, but she didn't want to go out to see who was inside.
"I don't know if it's one of my kids — I don't know," she said during the 911 call.
NOTE: The above video is from a previous report on the release of the bodycam video.
When officers arrived, Maclin was asleep, and they point out he has a gun in his lap. Video shows an officer try to open the doors to the car, but it's locked. According to the critical incident video, officers waited around three minutes before knocking on the passenger side window.
When Maclin woke up and started to move, officers started shooting.
Click here to watch the bodycam video. WARNING: The video is graphic in nature and may be disturbing for some audiences.
Video shows the officers yelling "police!" and "hands up!" over each other. Less than five seconds later, they start firing shots. The shooting lasts for approximately seven seconds.
Maclin's grandmother can then be heard in the background, shouting, "That's my grandson!"
Officers shout at Maclin to get on the ground as his grandmother continues to tell them it's her grandson. After Maclin is out of the car, officers put handcuffs on him, and he can be heard saying, "You gotta get me up...you gotta help me."
In the video, IMPD claims Maclin reached toward the passenger seat before they started shooting. While officers can be heard acknowledging the gun in Maclin's lap when they first arrived, IMPD claims "none of the cameras provided a clear view of the position of the gun after the man woke up and moved his arm."
While officers are providing aid, Maclin explains he didn't call his grandmother because he didn't want to wake her up.
IMPD previously identified the officers as four-year veteran Lucas Riley, three-year veteran Alexander Gregory and five-year veteran Carl Chandler. 13News would like to point out that Riley was not indicted.
Police said they recovered a 9mm handgun from the front seat. Maclin was never arrested.
Earlier this year, Maclin's attorneys sent a tort claim notice, which means they are considering suing, to Indianapolis leaders.
According to Maclin's attorneys, the officers fired at least 30 shots, hitting Maclin three times.
Maclin was hospitalized for 17 days and underwent six surgeries.
In February, Maclin said he still had bullets inside him that cause him pain, especially one still in his ribcage.
Maclin's attorneys claim he never had the gun in his hand.
"Anthony is not accused of committing any crime. He was not drunk or high on drugs. While Anthony had a firearm in the car—and a license to carry the firearm—he never reached for the gun," attorney Stephen Wagner said.
Family statement
Wagner issued a statement Sept. 29 on behalf of Maclin's family after the indictments were announced:
Today a Marion County Grand Jury took the first step in holding IMPD Officers Alexander Gregory and Carl Chandler accountable for their actions on December 31, 2022. On that day these two officers fired more than 30 rounds into Anthony’s car, three of which struck Anthony. The supervising officer, Lucas Riley, fired only one round. This police shooting was senseless. Anthony was not committing a crime, was not accused of committing a crime, had not threatened anyone, had not attempted to harm anyone, and posed no immediate threat to the officers or anyone else. Despite this, Gregory and Chandler fired into the car for seven seconds, unloading their magazines and leaving Anthony’s car riddled with bullet holes. While Anthony had a firearm in the car—and a license to carry the firearm—he never reached for the gun. He never had the gun in his hand, and he certainly did not point the gun at officers. Anthony’s only ‘offense’ was being a young black man in a high crime neighborhood. This ‘shoot first and ask questions later’ approach to policing is illegal and cannot be tolerated, which is why the family is grateful that the criminal process will proceed against Officers Gregory and Chandler.
Although criminal prosecution is one way to hold police officers accountable, there is another obvious way to do so. Anthony and his family again call upon Chief Randal Taylor to suspend Officers Gregory and Chandler without pay and recommend their termination by the Merit Board. Although the Merit Board cannot take final action until after the criminal process plays out, Chief Randal has the authority to recommend termination and suspend the officers without pay for up to six (6) months. He has done that selectively in the past, but never in a case involving deadly force. This unwritten policy sends the wrong message to IMPD officers. Until officers understand that they will lose their job and paycheck if they violate policy when using deadly force, they will continue to do so.
The family is planning a news conference for Oct. 2. 13News will be attending and airing it live on its digital platforms.
Statement from attorneys for officers
John Kautzman and Edward Merchant are attorneys for Officers Chandler and Gregory. They issued the following statement:
“We are extremely disappointed in the Marion County Prosecutor’s decision to file criminal indictments against Officers Chandler & Gregory. These officers acted in accordance with their training to defend their lives when a subject grabbed a gun and raised it toward them. Video, testimonial, and other evidence will establish the legality of their actions. These charges only represent probable cause to hold a trial and are not proof of guilt.
This attempt by the Marion County Prosecutor to criminalize officer’s actions taken in the performance of their duties while protecting themselves and the public represents an alarming trend of targeting police officers. The men and women of law enforcement are not only legitimately in fear of their personal safety in an increasingly violent community, but are too often also being placed in legal jeopardy for simply trying to do their jobs.
Officers Chandler & Gregory look forward to a full and fair opportunity to defend themselves in court and establish that they acted legally and appropriately.”
IMPD statement
IMPD Chief Randal Taylor issued a statement in response to the indictments reading in part:
Like all charging decisions, this process was overseen by the Marion County Prosecutor’s Office. The charges will now be filed and will be subjected to the rigors of the criminal justice system. Chief Taylor respects the criminal justice process.
As with anyone under indictment, the officers should be considered innocent unless and until proven guilty in a court of law.
Chief Taylor placed both officers on administrative leave following the return of the indictments and will review the internal affairs investigation with his Executive Staff.
This case will be presented to the civilian-majority Use of Force Review Board at the conclusion of the criminal process.