In Estate of Norman Gary v. City of Elkhart (N.D. Ind. 2022), officers shot and killed the driver of a vehicle as it passed them seconds after a shooting incident. Eyewitnesses at the party where the shooting incident occurred all denied that the driver had been involved in the shooting. The passenger of the vehicle testified that the driver was driving at a “normal speed.” Despite this testimony, CJK was able to use the physical evidence and the testimony of unretained experts to prove at summary judgment that the driver had been involved in the shooting, was accelerating rapidly, and appeared to be intentionally aiming the vehicle at the officers immediately before the officers fired. Summary judgment was granted, and no appeal was filed.
