Judge throws out life imprisonment option for Southport officer's accused shooter

Update: On Friday Marion Superior Judge Mark D. Stoner said life imprisonment will be "off the table" as a possible sentence if Jason Dane Brown is convicted of murder because the state failed to prove during this week's trial that Brown was aware Southport Police Department Lt. Aaron Allan was a police officer at the moment Allan was fatally shot. The murder trial against Brown continues next week.

They were off-duty nurses, police officers and neighbors — most of whom did not know each other, but all of whom found their lives suddenly intertwined July 27, 2017, when they assisted at the scene of a violent vehicle crash that ended with the fatal shooting of Southport Police Department Lt. Aaron Allan.

On Tuesday and Wednesday they were called to the stand by prosecutors to give testimony about that day during the murder trial against Jason Dane Brown, the driver of the vehicle who allegedly shot Allan as the lieutenant tried to help him out of Brown's overturned BMW.

Brown was speeding down Madison Avenue just before losing control of the vehicle and flipping into a residential yard, according to witnesses.

More: Man accused of fatally shooting Southport Police Officer Aaron Allan sobs at trial opening

Antonio Carreon, an off-duty registered nurse who stopped at the crash site, spoke with Allan moments before he was shot. Brown was in the driver's seat, upside down, and was being held by his seatbelt.

Carreon told prosecutors Wednesday he advised the lieutenant not to enter the BMW. "Cars aren't made to be on their roofs," he said in court. He said he told Allan the car was not structurally sound, and that he was worried the weight of the car could cave in while the lieutenant and Brown were still in the vehicle.

Regardless, Allan crouched down and crawled in to attempt to help Brown. Brown mumbled in response to Allan's commands to stay calm, according to body camera footage played at trial. Then Brown started shouting expletives.

"Stop, stop, hold still," Allan responded. "He's trying to grab something out of his pocket."

Multiple shots were fired. Then Allan's body camera went still, its lens pressed into the grass. His final breaths came out as groans.

Brown cried as the body camera footage was replayed in court. He is facing life in prison without the possibility of parole.

Last year the Marion County Prosecutor's Office reached an agreement with Brown in which he waived his right to a jury trial. As part of that agreement, prosecutors will not seek the death penalty against him.

His attorneys are likely to make the argument next week that Brown was affected by a head injury just before shooting Allan.

Car passenger: 'I don't remember'

One person the state was hoping could provide key details Wednesday about the moments leading up to the homicide stuck to one line of testimony.

His name is Hasan London. He was the passenger of Brown's vehicle. And most of what he had to say to prosecutors and defense attorneys Wednesday circled around his inability to remember what happened on July 27, 2017.

Prosecutor Ross Anderson asked London about his injuries. London said he didn't remember.

What about a week later, Anderson asked.

Did anything hurt? "I don't know," London said.

Did London hit his head? "I don't know."

Did London hit his back? "Don't know."

Brown also is facing a misdemeanor charge of possession of marijuana stemming from the day of Allan's homicide. Did London remember any drugs in the car that day? "Don't remember," London responded.

He also said he didn't remember giving a deposition to attorneys nearly two years after the event. But both the defense and prosecutors agreed to allow another statement — the recorded statement he gave to officers right after the crash — be submitted to court, and it was played in its entirety Wednesday afternoon.

Statement to police on day of crash

On the day of the accident London, who was 20 at the time, told an Indianapolis Metropolitan Police Department detective that he didn't know Brown had a gun. London was at Eskenazi Hospital at the time.

He also told the detective the left side of his back hurt.

Detective Jose Torres asked why he believed Brown was being reckless on the road. London said he didn't know. "He was trying to drive fast," London said. He also said he told Brown, "Slow down, slow down."

Another IMPD detective asked if London may have gotten high that day. "No," London said.

He also told the detectives he hadn't heard Brown say anything about a dislike for or resentment toward the police.

London asked if his friend would be OK.

"He was hit, he's OK," the second detective said.

Then he asked about the police officer.

"No, he didn't make it," the detective responded.

"Am I going to jail?" London asked.

Detectives told London they had no reason to arrest him. But "you got caught up in the middle of some really bad (expletive)," the detective responded.

London was not charged with any crime in relation to the July 27, 2017 crash and homicide.

Brown's trial is scheduled to continue Friday.

Call IndyStar courts reporter Johnny Magdaleno at 317-273-3188 or email him at jmagdaleno@gannett.com. Follow him on Twitter @IndyStarJohnny

This article originally appeared on Indianapolis Star: Judge throws out life imprisonment option for officer's accused shooter