FISHERS, Ind. — 13News heard from the attorney of an Indianapolis family who says they were racially profiled by Fishers police officers during a traffic stop, and also from the department who claim it's officer "responded in accordance with department policy and procedure."
That family filed a tort claim notice earlier this week, putting the city on notice that they could file a civil rights lawsuit against the Fishers Police Department.
Attorney Faith Alvarez said, bottom line, her clients want an apology from the officers involved in the April traffic stop and an admission they were wrong.
The tort claim filed on the family’s behalf details the traffic stop on 96th Street.
Malcom Bunnell said officers pulled him and his girlfriend over in their white Escalade, holding them in handcuffs at gunpoint with their 4-month-old baby still in the car.
In a statement about the traffic stop, Fishers police said another man had reported he had been the victim of a road rage incident involving a couple with a gun in a white Escalade.
Police say they conducted a high-risk traffic stop but found no gun and let Bunnell and his girlfriend go.
The couple’s attorney says they were racially profiled.
“This was a clear instance of you’re questioning very peacefully this white man and you learn the other person you need to interview is Black, and rather than go and peacefully interview him in the same manner, you come with your weapons drawn, you hold them at gunpoint and make a very dramatic and violent arrest, and we believe the only explanation would be the color of their skin,” Alvarez said.
Fishers police respond
A day after our original story aired, Fishers Police Department told 13News they initiated an internal review of their officer's actions from the incident at Walmart on April 21.
The department claimed they became aware of Bunnell's "displeasure regarding his contact with police via a social media post".
Fishers police claimed members of the police department began working to identify the other involved party to the disturbance, and Dustin J. Martin was later identified and contacted by Fishers Police Department on April 24, 2023.
A case was reportedly presented to the Hamilton County Prosecutor’s Office for review, and an arrest warrant was issued, police claimed. Martin was arrested on the warrant on May 7, 2023, to be held accountable for his actions, according to the department.
Fishers Police Department said they received a formal complaint from Bunnell on April 25, 2023, and subsequently conducted a formal complaint investigation of the "facts, circumstances, and information" surrounding the incident in question.
The internal review of all information included a review of officer body worn cameras, in-car cameras, retail videos from the incident, dispatch radio traffic and CAD notes, the 911 call, case report and narratives, according to police.
Fishers Police Department said through that review they confirmed their officer responded "in accordance with department policy and procedure."
Fishers police also claimed the individuals involved in the matter "have not responded to the department’s offers to meet and discuss the incident in detail and review all associated videos."
"The Fishers Police Department and the City of Fishers will share all facts and evidence in the proper venue as a tort claim notice has been received, and a criminal case is pending with the Hamilton County Prosecuting Attorney’s Office," the department said in a statement.