VERNON, Ind. – Jennings County Prosecutor Brian Belding released his findings Tuesday concerning the February 3 officer-involved shooting involving a Jennings County Sheriff’s Office deputy, that resulted in the death of Devin Lark, age 29.
Detectives from the Indiana State Police-Versailles Post investigated the incident and then turned the investigation over to Prosecutor Belding for review.
Any further questions about the prosecutor’s findings may be directed to Prosecutor Brian Belding, Jennings County Prosecutor’s Office.
A warrant for Devin Lark had been issued on February 2 after he was found guilty of burglary, a level 3 felony; burglary, a level 5 felony; burglary, a level 4 felony; auto theft, a level 6 felony; theft, a level 6 felony; and two counts of battery resulting in bodily injury, a Class A misdemeanor. He also had a warrant out of Clark County for dealing in narcotic drugs.
The incident on February 3 of this year escalated quickly when Jennings County deputies went to serve the warrant and Lark saw law enforcement entering the property. It was only 21 seconds from the time Deputy Cody Low exited his patrol vehicle until he discharged his firearm. The information that the deputy had at the time was that Lark may be armed and that he had made statements that he was “not going down without a fight.”
Lark attempted to flee and Deputy Low deployed his K-9 partner, Axel, who managed to bring Lark to the ground. According to the prosecutor’s report, Deputy Low observed that Lark held a gun in his hand and attempted to seize the weapon from the suspect, ordering Lark to release it. A struggle ensued and, due to fear for himself, his K-9 and other law enforcement officers, Deputy Low fired one round. The bullet entered in Lark’s right armpit area.
Jennings County Coroner, Alden Rudicel, documents that Devin Lark’s cause of death was from a gunshot wound to the chest, with methamphetamine and fentanyl intoxication contributing. The autopsy report, coroner report, and death certificate are all consistent with the manner of death and cause of death.
The prosecutor determined that less lethal force was not an option due to the close proximity, Lark’s decision to possess a firearm, and his refusal to obey Deputy Low’s commands. Had Low hesitated in his decision, he would have put himself, his K-9, and other law enforcement officers that were nearby in danger of serious bodily injury or death. Prosecutor Belding said that the deputy acted without fault, had a right to be where he was, and he had a reasonable belief that he was in immediate danger of death or serious bodily harm.
Therefore, considering all the evidence, the prosecutor concluded that Deputy Low was justified in using deadly force in the defense of himself and other law enforcement officers on February 3, and there shall be no criminal liability on the part of Deputy Low.
To read the entire report by the prosecutor, go here.
