APD recommending no charges in police action shooting death

Apr. 14—ANDERSON — The Anderson Police Department is recommending no criminal charges be filed in a police action shooting that resulted in the death of a local man.

Irvin Silas Myers, 60, was killed by a police officer after Myers pointed a shotgun at and shot at an officer shortly after 5:30 p.m. on March 23 near the intersection of 29th and Meridian streets, according to police.

APD Chief Jake Brown said Wednesday the department has completed the criminal investigation.

Brown said the results of their investigation are being turned over to the Indiana State Police for review, as well as, pursuant to APD policy, the Madison County Prosecutor's Office.

An internal review is continuing but is expected to conclude this month, he said.

"In cases such as these, an immediate and thorough investigation is undertaken by the department," Brown said in a press release. "Other agencies are brought in as needed. During this investigation, we utilized officers and resources from Anderson Police Department, the Indiana State Police, the Madison County Prosecutor's Office and the Northeast Indiana Forensic Center."

Madison County Prosecutor Rodney Cummings said the Indiana State Police will investigate and send their review to his office.

"There is nothing about this case that raises alarm bells," he said. "It was justified action taken by the officer."

Cummings said there should be transparency with any case involving any police agency in the county.

Brown said the investigation was multifaceted.

"It includes the gathering and analysis of all evidence and facts surrounding the incident to determine if there was any criminal wrongdoing," he said. "If there are no criminal charges being sought, the case is not normally sent to the prosecutor's office, except in the case of a police action shooting."

The primary purpose in such a case is for the prosecutor to review the case and make a determination as to whether the actions of the officer were appropriate under circumstances and the law.

"We are submitting the case to the prosecutor for that purpose," Brown said.

He said the second action was an internal review to determine if the officer's conduct and actions complied with departmental policies.

"That separate investigation is expected to be completed very shortly," Brown said. "The results of that investigation, pursuant to our policy, will be submitted to me for my review and determination. I will then submit my finding to the officer."

Follow Ken de la Bastide on Twitter @KendelaBastide, or call 765-640-4863.