Two WTH officers cleared in shooting

TERRE HAUTE, Ind. (WTHI) - Two West Terre Haute police officers acted legally when they shot at and killed a man in December 2011 , according to a newly-released report from the Vigo County prosecutor’s office.

The incident occurred the morning of December 13, when police responded to reports of a burglary near Miller and Church Streets in West Terre Haute .

They followed a man believed to be the burglar in a high-speed chase that ended when the driver, later identified as James Mundy, drove the suspect car into a yard near 3512 St. Mary’s Road in West Terre Haute.

Officer Jonathan Stevens ran to the back of the property, approached the vehicle, drew a gun and ordered Mundy to leave the vehicle, according to a report from the prosecutor’s office.

That’s when Mundy backed up the car, angled it at officer Stevens, and accelerated towards him , according to officers at the scene.

Officer Stevens moved out of the path of the vehicle and five shots at the driver, police said.

The other officer, patrolman Ted York, who had left his car, fired four other shots at the vehicle Mundy was driving, police said.

As the driver continued to flee, Officer York followed and fired three more shots at the vehicle, according to the prosecutor’s report.

Soon after, the vehicle came to a stop.

An autopsy found that Mundy had been struck by two bullets on his left side: one non-lethal passing through Mundy’s arm and another lethal shot that hit Mundy’s heart and ricocheted off one of his ribs.

Toxicology reports also found that Mundy had methamphetamine, amphetamine and marijuana in his system at the time of the incident.

The Vigo County Prosecutor’s office found that Officer Stevens, whose shots included the two that hit Mundy, could not be prosecuted under two statutes of Indiana law that allow for use of force in some cases of self-defense and in cases where it could prevent the commission of a forcible felony.

“(Stevens) had a reasonable belief that the force was necessary to prevent serious bodily injury to himself and to prevent the commission of a forcible felony,” according to the prosecutor’s report.

The prosecutor’s office found that the first four shots fired by Officer York were justified because they could have protected Officer Stevens and because they could prevent the commission of a forcible felony.

Investigators also found that Officer York’s last three shots were justified as well because the officer had “probable cause to believe that deadly force was necessary to effect an arrest of a person that posed a threat of serious bodily injury to officers and the community.

When asked during a press conference Wednesday morning, West Terre Haute police chief Don Lark said that both officers have been on leave and that both may return to work soon.

Click Here to view the Prosecuting Attorney Report and Autopsy Report