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10 YEARS LATER
THURSDAY, NOV. 7, 2013
Jim Campbell can’t recall the first time he met Michael McKinney, but he remembers he was laughing. The alumnus hasn’t heard his fraternity member and friend’s laughter in 10 years, but it is still clear in his mind.
“I miss him,
but the tears are gone,”
THE DAILY NEWS
BALLSTATEDAILY.COM
Campbell said. “But it is the laughter that I remember the most.”
Attorney may press charges for report
On Nov. 8, 2003, University Police Department rookie officer Robert Duplain shot and killed McKinney, after the Ball State senior attempted to enter what he thought to be his friend’s house. Four UPD officers responded to a burglary call around 3 a.m. at 1325 W. North St. Two more experienced officers were blocked by a 6-foot wooden fence and one searched the front of the building. An officer who had been with UPD for seven months, 24-year-old Duplain, entered the backyard alone. There, he met McKinney, who had been drinking with his friends and later was found to have a .343 blood alcohol content.
County prosecutor could receive false informing case for university
According to police reports, he charged Duplain and would not yield to the officer’s orders, and Duplain felt threatened.
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ALAN HOVORKA STAFF REPORTER afhovorka@bsu.edu
Four shots were fired.
A prosecuting at- INDIANA LAWS torney from the Office of the Delaware OBSTRUCTION OF JUSTICE County Prosecuting Class D felony Attorney said Ball Six months to three years State has not con- in prison tacted him to review Maximum fine of $10,000 accusations against FALSE INFORMING Andrew Pizzano for Class B misdemeanor filing a false police Up to 180 days in prison report. Fine of no more than “If in fact there was $1,000 false [informing] of such an incident, that CLASS A MISDEMEANOR is something I would No more than one year take a very hard look in prison at and consider fil- Fine of no more than ing criminal charges,” $5,000 SOURCE: Indiana Laws Jeff Arnold, Delaware County’s prosecutor, said. “But you have to put a big ‘if’ on that since I am not seeing any paperwork.” As a prosecutor, Arnold has the ability to file criminal charges even if the defendant declines to press charges. Following a University Police Department investigation, Ball State said Pizzano’s claims of being stabbed in a parking lot near Worthen Arena are false.
Three hit the student in the chest. One hit his head. LOSING A BROTHER
Some of the first people to hear about his death were his fraternity members at Delta Chi. Phil Juskevice, a Delta Chi brother, said McKinney was supposed to end up at his house the night he was killed. The next morning, Juskevice left work when he heard McKinney was at IU Health Ball Memorial Hospital and gathered with other Delta Chi members at his house to learn more as the situation progressed. “You don’t know what the story was at that point when you initially hear it,” he said. “It’s a shock — your body goes numb when you hear something like that. You don’t know what happened, you don’t know who is to blame.” Ben Brooks said he was away at his sister’s wedding when his roommate told him about the death. “I just fell down and just started crying,” he said. Nick Koesters, a Delta Chi one year below McKinney, was at home for a couple of family members’ birthdays when another brother called him asking what was wrong with McKinney. “Right then, I knew something was wrong,” he said. “It still gives me shivers down my back.”
See STABBING, page 6
PROJECT 10K FAILS TO MEET TURNOUT GOAL
EVERY YEAR, EVERY DAY
Every year, McKinney’s mother, Lisa, said their family gathers together with his local friends. Many of his fraternity members call her to offer MICHAEL their support. “There are a number of boys that call us every McKINNEY, year on the anniversary of his death, that call us on a student who his birthday,” she said. “For probably six or seven UPD shot, killed years, these boys would even come down here and Nov. 8, 2003 support us and talk about Michael and share with us. They’ve been support for my family.” His sister, Rosie, was an 18-year old freshman at IU when he died. Her last conversation with her brother was two days prior to his death — on her birthday — to make plans to see him. “I was like, ‘My friends are going to come up to Ball State and party with you,’” she said. “And he was like ‘absolutely not.’”
See McKINNEY, page 7
SAM HOYT, STEVEN WILLIAMS AND EMMA KATE FITTES
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news@bsudailynews.com
University Police Department makes changes 10 years after student was shot
President of Dance Marathon guesses 3,000 students came KAITLIN LANGE STAFF REPORTER | kllange@bsu.edu
The athletic department and Ball State Dance Marathon were unsuccessful in the attempt to get 10,000 students to the game Wednesday night despite Ball State’s win. Official numbers for the amount of students in attendance were not available directly after the game, but Emily Probst, BSUDM president, said she estimated BIG SCORES about 3,000 students showed up. HIGHLIGHT As part of Project 10,000, the 44-24 WIN athletic department had offered Wenning throws BSUDM $10,000 for Riley Hospi- four touchdowns as team extends tal for Children if 10,000 students winning streak attended the game. For the game against Central Michigan Univer- + PAGE 4 sity, 9,494 people attended. Zach Brown, BSUDM director of media relations, said he was still not disappointed by the results. He estimated there were closer to 5,000 students there. “I think that given the weather conditions and the cold, the halfway mark is impressive,” Brown said.
The fraternity members had lost someone important to them. “A life was ended, but a relationship wasn’t,” Koesters said.
Officers are required to train through state academy, unit maintains full accreditation EMMA KATE FITTES NEWS EDITOR | news@bsudailynews.com The University Police Department has made some changes in the 10 years since an officer shot and killed a Ball State student while responding to a robbery. Tony Proudfoot, a university spokesperson, said now UPD requires new hires to complete a 15-week training program at the Indiana Law Enforcement Academy and a 15-week Field Training program at Ball State. This year, he said, university officers averaged 116 hour of training.
See BSUDM, page 6
In 2012, Gene Burton, chief of police, told the Daily News that police officers have one year after being hired to attend the police academy, but he encourages them to go as soon as possible. UPD received its first full Commission on Accreditation for Law Enforcement Agencies accreditation in December 2007 and again in 2011. According to a press release from 2011, receiving accreditation includes a 36-month self-assessment and complying with almost 500 standards. On Nov. 8, 2013, four UPD officers responded to a burglary call around 3 a.m. at 1325 W. North St. Senior Michael McKinney was banging on the back door, trying to confuse his friends after a night of drinking. Robert Duplain, a 24-year-old rookie officer, fired four shots, hitting McKinney three times in the chest and once in the head. According
to police reports, McKinney charged Duplain and would not yield to the officer’s orders, and Duplain felt threatened. It was later determined that McKinney was unarmed and had a .343 blood alcohol content. A 2003 internal investigation and 2008 lawsuit found that Duplain followed police procedures. According to Daily News reports, at the time of the incident, Duplain had not yet attended the police academy, but completed 24 hours of classroom instruction and 14 hours of field training. He had not been trained to use nonlethal weapons yet. The $100 million lawsuit the McKinney family filed in November 2003 backed up the officer when a jury determined Duplain did not use excessive force and ended the legal battle in Feb. 4, 2008. THE PULSE OF BALL STATE
See UPD, page 8
THE PULSE OF BALL STATE
JORDNMOODY: BALL STATE STUDENT TO DJ AT COMPETITION PG. 5 THE PULSE OF BALL STATE
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21. SCATTERED THUNDERSTORMS
THE PULSE OF BALL STATE
5. SUNNY
THURSDAY, NOVEMBER 14 | 4-8 p.m. 6. RAIN
L.A. PITTENGER STUDENT CENTER (Food served 4:30-8 p.m.)
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Step into a world of global cuisine, culture, and entertainment at The Amazing Taste. Enjoy mouth-watering cuisine from more than 20 countries and experience diversity through interactive activities, demonstrations, and live entertainment. See the full menu and activities list at www.bsu.edu/dining >> Special Meals & Events. 21. SCATTERED THUNDERSTORMS
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17 - Freezing Rain 18 - Wintry Mix 19 - Rain/Snow Mix