Three weeks after a Newscenter 16 reporter found a South Bend police officer's gun in the middle of a busy street, police department leaders are keeping mum about how it happened.

Both police chief Scott Ruszkowski and South Bend mayor Pete Buttigieg refused to comment about the case, claiming they can't talk about an active investigation.

In three weeks, dozens of Newscenter 16 viewers have contacted the station, wanting a straight answer from police.

It doesn't appear the officer who had the gun was suspended. Under city law, any officer suspended four days or longer must appear before South Bend's Board of Public Safety.

South Bend Police Chief Scott Ruszkowski confirmed the loaded handgun, stamped with "SBPD" on the slide, belongs to the police department.

"We do not comment on pending or in-progress internal investigations, but I can confirm the firearm belongs to the SBPD,” Chief Ruszkowski wrote in an email to NewsCenter 16. “By all preliminary indications, there was nothing nefarious regarding this incident.”

The email was sent Monday to NewsCenter 16’s Joel Porter, who requested an interview and more information about the gun—a Smith and Wesson 9mm M&P issue. Porter spotted the gun on Sunday, September 17th, while driving on State Road 23 near Cleveland Road.

Porter reported that he turned his vehicle around, parked, then waited for a break in traffic and walked out to get a closer look. Another passing motorist stopped at the same time.

“We turned the corner headed to the mall and saw what looked like a pistol in the middle of the road,” said Tracy Hertel, who also saw the gun while driving on SR-23.

The intersection near University Park Mall is one of the busiest in the area.

“I was hoping it was a toy gun, but it was a real one,” Hertel said. “All I could think was some little kid could pick that up and we'd have a tragedy to talk about.”

Porter picked up the gun, and noticed it had “SBPD” stamped on the slide. He unloaded the weapon and called police. Porter spoke with a sergeant, who sent an officer to collect the gun as evidence.

“Thank you for turning the firearm over, it is/was the correct and proper thing to do,” Ruszkowski said via email.

NewsCenter 16 is working to find out to whom the gun was issued and how it ended up in the road.

Ruszkowski declined further comment and an on camera interview until the internal investigation is done. He said the department will review whether department policy or training, or a law was violated and take corrective action that could include a policy change or discipline.

“It'd be nice if they were frank and forthcoming, and that's up to them, too,” Hertel said. “You and I are held accountable where we work, aren't we?”

An officer who collected the gun Sunday said the firearm would be entered into evidence. NewsCenter 16 learned it is protocol to run the gun's serial number to see whom it was registered or issued to. Police have not yet released that officer's name because the internal investigation is ongoing.

It is also standard practice to fire found or abandoned property, and to test the gun for ballistics and compare it to any recent crimes around the city, police said.

If the gun was reported stolen, there will be a record with a case number investigators could look up.

Officers also told Newscenter 16 if the gun was lost or misplaced, it's a bigger problem if the officer in question didn't tell anyone about it because it opens an internal affairs investigation and becomes an issue with the officer's credibility.

Police have not yet said whether the gun was reported lost or stolen.