INDIANAPOLIS - After more than a week of eyewitness accounts and expert analyses, Robert Duplain took the stand Wednesday expressing remorse but at the same time saying he had no choice but to kill Michael McKinney.
"I feel horrible for what's happened," the former Ball State University police officer said. "It's a tragedy for this family. It's a tragedy for my family. I wish it didn't have to happen. Unfortunately, it's part of the job. Going into police work, it's a very real possibility ... My actions were dictated by the actions of Mr. McKinney."
Duplain's comment led to a deluge of tears from McKinney's family who attended the trial, causing Judge Richard Young to call for a recess to alleviate tension and allow the family to calm down.
Duplain shot and killed McKinney after Muncie resident Jane Poole called 911 reporting the former student was trying to break into her house in November 2003. Duplain, then a rookie, shot McKinney four times in Poole's backyard.
During Duplain's six-hour testimony, Plaintiff's Attorney Geoffrey Feiger questioned the honesty of Duplain's statements, accusing him of tampering with evidence and filing fraudulent reports.
Feiger opened Wednesday's examination by discussing Duplain's "guns blazing" attitude toward his job. He mentioned an incident before the night of the McKinney shooting in which police were called to Theta Chi fraternity house. Duplain found a man trying to escape by climbing over a fence, and he aimed his gun at the man's back, Feiger said.
"Where did you get the idea you could point a gun at somebody's back?" Feiger asked Duplain. "Did you do this a lot?"
Duplain said he did not remember the Theta Chi incident.
Duplain said the night of the shooting began slowly. He had been speaking with then Cpl. Matt Gaither of the UPD in a campus parking lot when they heard a 911 call reporting a homeowner under duress. The two officers met with then Cpl. David Bell and then UPD officer Eric Perkins, where they searched the property, and Duplain found McKinney standing behind a tree in the backyard.
Duplain said he shouted a warning to McKinney, who then began to charge at him. McKinney had his hands in his pockets, Duplain said, and as he drew near, the officer was afraid McKinney would reach for a gun.
"He was alerted by the commands," he said, "but he proceeded to charge at me. It seemed instant almost. It happened very fast."
Duplain said he aimed at McKinney's center mass and fired.
"I couldn't believe that someone would charge me when I had my weapon pointed at them," he said.
At the time, McKinney should have recognized him as a police officer and perceive the potential threat, Duplain said. The yard was well lit, he was wearing his uniform and he was visible to everyone, he said.
Duplain did not learn until later that McKinney had a blood-alcohol content of .343 percent, he said.
Duplain could not see what was happening to how McKinney was positioned as he was firing, he said, and he could not determine whether the impact of the first two bullets twisted his torso causing the second two to go into McKinney's back.
"Under those conditions, you get tunnel vision," he said. "You get so focused on what you're ready to do. You're not paying attention to what's going on around you."
After shooting McKinney, Duplain said, he checked to see if there was a pulse. When he did not find a pulse, he began administering CPR until another officer relieved him, he said.
Duplain said he checked on Poole after he shot McKinney.
"She was frantic," he said. "I'm not exactly sure what I said to her, but she was all right."
After checking on Poole, Muncie police officers asked Duplain for his gun and began collecting evidence, he said.
Feiger accused Duplain of lying about many parts of his testimony, such as if he spoke to Poole after the shooting.
Along with stating Duplain never spoke with Poole that night, Feiger claimed Duplain lied about whether he assisted McKinney after the shooting and when he removed his gun from his holster. Feiger cited photographic evidence and inconsistencies between what Duplain said in court Wednesday and what he said in his deposition after the shooting.
"If you have so much remorse for the victim's family, then why can't you simply tell them the truth?" Feiger asked Duplain during his examination.
Feiger also accused Duplain of trying to destroy evidence by throwing away a bloody leather glove he was wearing while checking McKinney's pulse and administering CPR.
Feiger said Duplain never administered CPR because photos of the paramedics clothes showed them to be covered in blood, but Duplain's clothing was clean.
If Duplain gave McKinney CPR, Feiger said, there should have at least been bloody gloves left.
Duplain said instead of wearing latex gloves to protect himself from blood-born pathogens while checking for a pulse on McKinney, he wore leather gloves that officers wear to protect themselves from things such as syringes while doing body searches. Duplain threw the gloves away because they were ruined, he said.
Feiger said leather gloves would have made it virtually impossible for Duplain to detect a pulse, and the hole in Duplain's logic indicated a lie.
Feiger also accused Duplain of filing a fraudulent reports, including a lie on his resignation letter and inaccurate information on the incident report for the shooting.
After Duplain said he felt remorse for the shooting, he admitted it was part of why he quit the police force in 2005.
Feiger read the resignation letter aloud, which states Duplain quit for "unknown reasons."
Duplain said he told Gene Burton, director of public safety, he quit partially because of his remorse. But Duplain asked Burton not to tell people, Duplain said, which is why the letter says "unknown reasons."
Feiger also mentioned witnesses Nancy and Michael Ellis, who he said saw Duplain with his arm straight out and aiming his gun directly at McKinney before giving a verbal warning.
Defense Attorney John Kautzman said the Ellises saw the incident from an upstairs window, and the angle would have distorted their view to make it look as if Duplain was holding his gun higher.
Feiger responded pointing his finger like a gun and repeating what the Ellises told him: "I could see his arm, and his gun was in his hand."
Feiger also said the report filed after the shooting was incorrect and inconsistent with Duplain's testimony.
After reviewing the inconsistencies in Duplain's testimony, Feiger asked, "How is this occurring if you are a police officer?"
Duplain responded, "I don't know."
Click here to see a graphic illustration of how Duplain shot McKinney
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