A deputy with the Brown County Sheriff’s Department will not face any criminal charges for reportedly shooting a man in crisis earlier this year after an investigation deemed his actions as lawful.
Felony criminal recklessness and battery charges have instead been filed against the local man who was shot.
Gregory Kelp, 53, was charged June 21 with criminal reckless and battery against a public safety official, both Level 6 felonies. He was also charged with a Class A misdemeanor for pointing a firearm.
The charges stem from when Deputy Josh Stargell responded to a 911 call at a home on Mt. Liberty Road.
The caller said Kelp was on his way to the home and was exhibiting threatening behavior. The caller told dispatch Kelp had access to numerous guns, according to a probable cause affidavit by Indiana State Police Senior Trooper Det. Allen Deel.
Before calling 911, the caller reached out to one of Kelp’s friends who called Kelp. Kelp told that friend he was going home to harm himself before hanging up. That friend called a neighbor who then went to Kelp’s house and reported finding Kelp sitting on a log near a pond with a holstered revolver sitting next to him. The friend also arrived on the scene.
Stargell went down to try to talk to Kelp. When he was 20 feet from Kelp, he held up his left hand and told Stargell to stop. Stargell stopped, the affidavit states.
Another person at the scene made a movement towards Kelp — who was still sitting on the log — before he stood up, grabbed the revolver and walked away, according to the affidavit.
At this point, Stargell drew his gun and gave verbal commands for Kelp to drop the gun. Kelp turned around and pointed the revolver, which was now out of its holster, at Stargell briefly before pointing it towards himself.
Kelp reportedly told Stargell “Go ahead buddy. I am gonna (sic) do it anyway.” Kelp then reportedly used his other hand to slap Stargell’s gun in a downward motion. Stargell then raised his gun back up and pointed it at Kelp who pointed his gun back at Stargell.
Two women also at the scene then tried to get in between Kelp and Stargell. One woman tried to get the gun from Kelp, but he brushed her aside and pointed the gun back at Stargell, the affidavit states.
With the woman out of the firing path and Kelp continuing to point his gun at Stargell, the deputy reportedly discharged his duty pistol at Kelp three times to stop Kelp from shooting anyone out of fear for his own life and the lives of the four bystanders.
When Kelp fell to the ground, one of the women was able to get the revolver out of his hand and throw it to the side, hitting the neighbor in the leg with it. EMS and a medical helicopter were requested to respond to the scene.
Stargell began rendering aid to Kelp until EMS arrived on scene. He was ultimately airlifted to Indiana University Methodist Hospital in Indianapolis for further treatment.
Kelp’s Ruger .357 magnum revolver was later found to be unloaded, according to Prosecutor Ted Adams.
The ISP affidavit states that information was never known to Stargell or any of the bystanders prior to the shooting.
The affidavit notes that Kelp’s actions “not only put his life in danger,” but the lives of the four bystanders including his neighbor and friend.
ISP was requested to investigate the shooting who later submitted their case to Adams on June 3 for review of Stargell’s and Kelp’s actions.
Stargell’s bodycam recording device recorded the entire incident.
“After reviewing the evidence and reviewing the bodycam footage, the Brown County Prosecutor’s Office finds that the deputy exercised remarkable restraint,” Adams said in a press release.
Adams noted that Kelp had pointed his firearm three separate times at Stargell and “recklessly” pointed it at other eyewitnesses prior to being shot.
“The fact that the revolver was later found to be unloaded was found to be unpersuasive in the Brown County Prosecutor’s Office’s determination as it is unreasonable to require the deputy, or any other Hoosier, to have such knowledge when there is a reasonable fear for one’s life,” Adams said.
“In short, neither the deputy nor the eyewitnesses knew whether or not the revolver was loaded. The deputy additionally gave at least 14 commands, including to ‘drop the gun’ and ‘get back,’ prior to firing his weapon. The deputy’s actions were completely lawful as he had a reasonable fear for his life and for the life of others on the scene.”
Adams said that both he and ISP watched the bodycam footage many times before making a determination.
“The deputy had mere seconds to make drastic decisions in an exceptionally stressful, life-or-death situation,” Adams said.
The bodycam footage will be used as evidence in Kelp’s criminal proceeding, but will be released to the public once the criminal case against Kelp is resolved.
A warrant was issued for Kelp’s arrest and he was booked into the Brown County jail on the morning of June 23. He was released the same day after posting bond.
Kelp’s initial hearing was waived. His attorney is Jerry Prall from Columbus. A jury trial has been scheduled for Aug. 17.
“Anyone who knows Greg as I do also knows that the allegations contained in the charges are entirely out of character for him,” Prall said last week.
“Given that these charges are pending, I have no further comment.”
