Aaron Bailey shooting: 'Unreasonable' that 11 shots were fired, deputy chief says

An Indianapolis Metropolitan Police Department deputy chief said Tuesday two officers shouldn't have been "hurried and panicked" during the traffic stop last summer that led to the fatal shooting of Aaron Bailey, an unarmed black motorist.

"I find it unreasonable, in my view, that 11 rounds were fired into the back of the car," said Chris Bailey, who oversees IMPD's investigative division, during a Civilian Police Merit Board hearing that is expected to last three days.

The seven-member panel will decide whether to accept the police chief's recommendation to fire the two officers, Michal P. Dinnsen and Carlton J. Howard.

Aaron Bailey, 45, fled a traffic stop in a car and crashed into a tree early June 29. The officers said Bailey ignored their commands to show his hands and instead reached into the car's center console, where they thought he sought a gun. No weapon was found.

After a criminal investigation into the shooting, a special prosecutor said there was insufficient evidence to prove the officers were not justified in using deadly force. They were cleared of criminal charges.

But even if officers are cleared of criminal charges, they can still face discipline from IMPD, including termination.

Chris Bailey, who is unrelated, served a crucial role during an earlier administrative review of the contentious shooting. He chaired the firearms review board that unanimously concluded that Dinnsen, who is white, and Howard, who is biracial, did not follow department training and policy. Chief Bryan Roach cited the review board's findings when he sought to fire both officers.

Bailey said people reach into center consoles all the time during traffic stops. They grab a wallet, smash a joint or hide alcohol, he said. "In my view, that motion is going to look the same."

John Kautzman, the officers' attorney, presented a picture of a potentially violent person who fled from police, ignored commands to show his hands, reached into a car's center console and then motioned toward Dinnsen and Howard.

The officers believed Aaron Bailey sought a gun and intended to use it. The officers, therefore, obeyed the law and followed department policy, Kautzman said.

“For someone to be able to use deadly force, they have to reasonably believe their life is in peril,” Kautzman said.

He pressed Chris Bailey on why the deputy chief didn't ask more questions during the firearms review board that would have given Dinnsen and Howard more opportunities to defend their actions.

He also asked Bailey whether officers are required to see a gun before shooting. Bailey said no.

The cross-examination became slightly heated at one point. Bailey referenced prior merit board hearings involving Kautzman, who is a longtime attorney of the police union. One line of questioning sent Bailey speaking over the attorneys until a member of the merit board said, "Stand down."

Finally, Kautzman quoted an internal affairs investigator who presented to the firearms review board on why 11 shots were necessary: "You shoot until the threat is down." Just like officers are trained, Kautzman said.

The city is arguing that the officers must meet a higher standard than state law to remain on the force, however.

And two other officers with IMPD outlined why they believed Dinnsen and Howard shouldn't have been in that position in the first place.

Maj. Susan Hill, who works in the professional standards division and was a member of the firearms review board, said the officers did not apply their training. A person reaching into a console does not alone justify a shooting, she said.

Michael Daley, an IMPD officer assigned to the training bureau, said Dinnsen and Howard did not treat the situation after the crash with enough caution. Officers are trained to characterize such circumstances as "high risk" stops, Daley said, which dictates considerations such as how far away the officers park and where the officers stand for cover.

Prior to the fatal shooting of Aaron Bailey, Daley said, the officers did not follow a series of things they were taught at the academy: They didn't position their patrol cars correctly. Both shouted verbal commands when only one should to reduce confusion.

Based on training, Daley said, after the crash the officers should have taken more time, slowed down the situation and conducted additional research. That also would have given them time to contact a detective who sought to speak with a passenger in Bailey's car.

Edward Merchant, another attorney representing the officers, asked whether IMPD has a general order regarding officers using one voice, positioning their patrol cars in a certain way or slowing things down at a scene. Daley said no.

Chief Roach stepped to the stand as the last witness of the day. Prior to the firearms review board, Roach said he drew a conclusion that the officers would be disciplined for the shooting. He cited summaries from internal affairs and criminal investigators, statements from Dinnsen and Howard, an autopsy report, photographs and a special prosecutor's report.

“I didn’t believe there was probable cause to use deadly force,” Roach said.

Dinnsen and Howard never saw Bailey's hands. Neither could articulate a threat, Roach said. And they failed to consider that their shots could have hit the passenger in the car.

“During this whole ordeal, I’ve tried to put myself in their situation. What would I have done?” Roach said. “I was hoping to find something that would change my decision."

He never changed his mind.

The hearing will continue at 9 a.m. Wednesday with a cross-examination of Roach. It's taking place in Courtroom 10 on the 14th floor of the City-County Building.

On Tuesday, about 50 people attended the hearing, which is open to the public.

At the beginning, merit board member David Wantz noted the purpose was only to consider Roach’s recommendation to fire the officers.

"I want to emphasize that this is an administrative hearing,” said Wantz, who is serving as chair. “It is not a trial."

Still, the attorneys representing both sides seemed inclined to treat it as though it were. They called and cross-examined witnesses. They cited legal precedents. They even shouted objections to particular questions or statements, which placed Wantz, who is not a judge, in the position of refereeing like one.

By the end of the hearing's first day, the merit board also heard from an investigator with the Marion County prosecutor's office and a man who heard some of the gunshots last summer.

Once the attorneys present their closing arguments, members of the merit board will gather in a private session that is not open to the public. Any final decision will have to occur back in an open meeting.

The hearing is expected to last at least three days.

Call IndyStar reporter Ryan Martin at (317) 444-6294. Follow him on Facebook and on Twitter: @ryanmartin

CATCH UP ON PRIOR REPORTING:

What we know: How the special prosecutor reached his decision on Aaron Bailey shooting

IMPD Chief Bryan Roach: Officers who shot Aaron Bailey should be fired

What to follow: Merit board will decide whether to fire IMPD officers