Indiana police cleared of wrongdoing in shooting that left 37-year-old man dead

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Indiana law enforcement officers cleared of wrongdoing in shooting that left 37-year-old man dead

A 37-year-old man appeared to point a handgun at law enforcement officers before they shot and killed him, according to body camera footage released by the Indiana State Police this week.

Two officers who shot and killed a man after he pointed a gun at them in southeastern Indiana last October have been cleared of wrongdoing, Ripley County Prosecutor Ric Hertel announced this week. 

"Myself, as prosecutor here, made the determination that self-defense was appropriate," Hetel said at a news conference on Friday. 

Officers from the Indiana State Police and Ripley County Sheriff's Office responded to a 911 call on Oct. 10 about a domestic dispute between 37-year-old Joshua Ebinger and his girlfriend. 

Joshua Ebinger came out of the house with a gun and pointed it at the sky.  (Indiana State Police)

Body camera footage released on Friday shows the woman coming out of the house shortly after officers arrived. About five minutes later, Ebinger comes out of the front door with a gun in his right hand. 

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"Leave the weapon inside and come out," one officer shouted at Ebinger. "Come out now, put the gun down, put it down!"

Ebinger appeared to point the gun at state trooper Ben Bastin seconds before officers fired their weapons.  (Indiana State Police )

During the 911 call, Hetel said that Ebinger could be heard in the background making threats such as, "They better make sure they kill me, or I'm going to kill one of them," and, "I want them to come here. I'm ready for them."

As the officers shouted commands at Ebinger to put down the gun, he appears to point the gun at the sky then lower it at State Trooper Ben Bastin, who did not fire. 

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Seconds later, Ebinger appeared to move the gun to his right in the direction of another officer, at which point Bastian and Deputy AJ Smith fired several shots, fatally striking the suspect. 

Officers fired multiple shots at Ebinger after he appeared to point his weapon at an officer.  (Indiana State Police )

Ebinger was intoxicated and violating a no-contact order at the time, WLWT reports. 

Investigators also found handwritten notes in which Ebinger laid out his last wishes and messages for his girlfriend, according to the local news outlet. 

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No law enforcement officers were harmed during the incident. 

An attorney representing Ebinger's family, Larry Wilder, did not immediately respond to a request for comment on Sunday evening.