LINDEN, Ind. – No charges will be filed against Daniel Organ, the Indiana State Police trooper who shot Glenn Rightsell, a Linden business owner who was working on his daughter’s stalled Chevy Tahoe along the side of U.S. 231 on Dec. 28, Montgomery County Prosecutor Joseph Buser announced Wednesday afternoon.

In a 17-page investigation report, released more than nine weeks after Rightsell died, Buser concluded that “sufficient evidence exists that Mr. Organ was subjectively in fear of death or serious bodily injury and that he honestly believed a gun was being drawn to shoot him.”

The family of Glenn Rightsell, though, stand by their belief that he was doing nothing wrong that night.

“He was fired upon for no reason,” said Bruce Kehoe, an Indianapolis-based attorney for Gigi Rightsell, Glenn Rightsell’s widow.

READ THE REPORT:Prosecutor's full report into ISP fatal shooting of Glenn Rightsell along U.S. 231

MORE:Indiana gun laws: What you need to know

Rightsell and her son, Jesse Vaught, were given a copy of the report shortly after lunch Wednesday during a meeting with Buser, about two hours before the prosecutor made his findings public.

“Unfortunately, the prosecutor is left with not only proving criminal conduct, but also disproving self-defense, and you have no direct witness to contradict a trooper’s statement, even though there’s a mountain of circumstantial evidence,” Kehoe said. “We think the civil side of the case will certainly be quite different. I would expect the truth will surface.”

Buser said he based his decision on interviews with Organ, other officers who arrived to back him up, fours drivers on U.S. 231 who passed the scene, with Gigi Rightsell, Glenn Rightsell’s wife, a neighbor who shot video of the scene from his porch after the shots were fired, among others.

Buser’s report laid out a chronology based on that.

NO DASH CAMS:'Justice for Glenn Rightsell' rallies push, but ISP has no plans to add dash cams

The prosecutor said that Rightsell, as family members claimed, had notified Montgomery County police that he would be going to U.S. 231, near County Road 550 North and just south of North Montgomery High School, to work on the SUV. According to Buser, that information was passed along to Indiana State Police, but ISP dispatchers did not broadcast that to troopers on the road.

So Buser said Organ, who had put a sticker on the SUV earlier in the afternoon to note that he’d checked on it, was unaware that Rightsell had done that when he approached the vehicle around 6:35 p.m. that night.

According to the prosecutor’s report, Organ pulled up behind the SUV to investigate.

As he moved to the front of the vehicle, Organ reported that he could see Rightsell’s holstered gun through the gap under the open hood. Rightsell had a legal permit to carry the .380 Walther semi-automatic pistol he was carrying that night.

He also saw the white Dodge Challenger, with Colorado plates, that Rightsell was driving and had parked with its trunk open just in front of the Chevy Tahoe.

Organ, who didn't have a dashboard camera in his car or a body camera, told that he turned on a flashlight and, according to the report, stated, “Hello. Trooper Organ, Indiana State Police. Don’t reach for your gun. Do you need help?”

Organ told investigators that “Mr. Rightsell looked at (him) and pushed his body away from the Tahoe, rolling upon his left hip. Mr. Rightsell also brought his right hand back. To Mr. Organ, this motion was consistent with drawing a handgun.”

Buser wrote: “At that point, Organ fired shots at Rightsell, one of which struck him in the face causing injuries that later resulted in his death while he was receiving treatment at the emergency room at Franciscan Health in Crawfordsville.”

Organ also told a Montgomery County deputy who arrived after he fired the shots and while Rightsell was lying near the front of the Tahoe: “I told him not to reach for it, and he grabbed it.”

Family members have shared photos with the J&C that show three bullet holes in the side and hood of the Chevy Tahoe.

The prosecutor’s report says Organ recalled firing three times, but based on evidence from the scene he fired six times.

WITNESS VIDEO:Man killed by ISP trooper was working on stalled car on U.S. 231; witness video surfaces

Video shot by the neighbor shows police removing Rightsell’s gun, still in its holster, after making him walk on his knees to where they stood behind the SUV.

Buser’s report said police officers knew Rightsell still had his gun and were unsure whether anyone else was in the Tahoe or the Dodge Challenger in front of it when they ordered Rightsell to crawl their direction, so they could handcuff him.

The report said medical personnel started treating Rightsell at 6:56 p.m., which would be 20 minutes after the shots were fired. The report said Rightsell was taken to the hospital in an ambulance, not in a police car, as some have speculated.

Rightsell died at 8:48 p.m. that night, after complaining that he couldn’t swallow. He’d been shot in the face.

Buser said law enforcement officers weren’t able to interview him for his version of what happened that night. Dr. Roland Kohr did an autopsy and reported the cause of death as homicide, according to Buser’s report.

But a nurse interviewed at Franciscan Health Crawfordsville spoke with Rightsell about it, a scene captured in Buser’s report.

“(The nurse) recalled asking Mr. Rightsell, ‘What did you do?’” the report says. “Mr. Rightsell responded, ‘I don’t know. He just walked up and started shooting.’ (The nurse) recalled Mr. Rightsell making this comment twice. She described Mr. Rightsell’s demeanor as calm and cooperative.”

Another nurse interviewed told investigators that Rightsell’s “primary concern was someone contacting his wife for her to come to the hospital,” according to the report.

Buser said there was no evidence to show that Organ “acted inconsistently with the training he received in order to be become an ISP trooper.”

“From the facts and circumstances known to Mr. Organ at the time of the shooting, there is insufficient evidence to prove beyond a reasonable doubt that Mr. Organ’s actions were not objectively reasonable,” Buser wrote.

Vaught, Rightsell’s stepson, said the report didn’t add up.

“No,” Vaught said, “I don’t buy anything he said.”

Ken Steen lives across U.S. 231 from the scene. He went to his porch after he heard what he thought were knocks at his door that night. He later figured he’d heard the shots. He started recording the scene, not realizing that someone had just been shot.

“Damn, I'd like to be able to tell you I'm surprised, but not even a little bit,” Steen said after reading about the prosecutor’s report. “In my opinion, there was easily enough benefit of the doubt that they should have let a jury decide it. Unfortunately, juries also have a tendency to place law enforcement on a pedestal based on popular glorification. So I'd have been surprised if the jury had convicted.”

The case has spawned a couple of Facebook discussion groups called “Justice for Glenn Rightsell,” T-shirt sales and demonstrations on weekends on the Montgomery County Courthouse square.

“This is not good,” said Maelene Grenat, a longtime friend of Glenn Rightsell. “There is going to be outrage today.”

Gigi Rightsell did not immediately respond for comment Wednesday afternoon.

Capt. David Bursten, public information officer for Indiana State Police, said the agency would let the prosecutor’s report stand on its own, without additional comment from ISP. He said that would have been the case if Buser had decided differently, as well.

Organ had been on desk duty at the Indiana State Police Post in Lafayette since Jan. 7, more than a week after the shooting. On Wednesday, that status changed. Bursten said Organ could now “work as assigned by the post commander.”

“He will assume his regular duties,” Bursten said.

Bursten said Organ did not care to comment on the incident or the prosecutor’s report.

Kehoe said he and Rightsell’s family plan to go over evidence collected in the prosecutor’s investigation.

“We expect we’ll find the truth in there,” Kehoe said. “There will be a day of reckoning, I suspect.”

FOR MORE: To read the full report on the fatal shooting of Glenn Rightsell, go to jconline.com and click on the link to this story.

Reach Dave Bangert at 765-420-5258 or at dbangert@jconline.com. Follow on Twitter: @davebangert.

READ THE FULL REPORT HERE.