INDIANAPOLIS -- One man is dead following an apparent road rage shooting on Indy’s southeast side.
Right now police believe the shooting appears to be a case of self-defense. The shooter was later released without being arrested.
Just before 8:30 Tuesday night, at Thompson and South Emerson, witnesses claim a confrontation between two armed drivers escalated to a deadly shooting.
When officers arrived they found Gavin Dasaur shot in the street. The 29-year-old died in the hospital.
Police said the driver of a white Chevy pickup, who fired the fatal shot, stayed on scene and was questioned but later released. Preliminarily, detectives believe the shooter may have acted in self-defense.
"The law says you can use reasonable force when you reasonably believe it's necessary to prevent serious bodily force to yourself or another," said attorney John Tompkins.
As of July 1, this year Indiana lawmakers revised the state's self-defense code, although the changes were minor and there's no indication they would have made any difference to this case.
"The amount of the defense depends on the level of the threat," said Tompkins.
Attorney John Tompkins isn't connected to the case, but said as long as the shooter wasn’t the initial aggressor, he would not have had a duty to retreat from the confrontation with a few exceptions.
"If they determine there was unlawful behavior by the survivor of the incident, that would negate a self-defense claim," said Tompkins.
"We all as a community have to take it upon ourselves to stay calm. Take a deep breath," said IMPD officer Tommy Thompson.
For their part, IMPD reminds everyone if they find themselves in conflict with another driver to try to disengage before it turns to violence.
"Don't escalate the situation. Disengage. Take the time to breathe and relax," said Thompson. "It takes the community as a whole to ensure we all stay calm."
Although the decision to release the shooter was made after consulting with the prosecutor's office, the case is not officially closed. Ultimately it will be up to the prosecutor's office whether or not any charges should be filed in the case.
Anyone with information about this incident should contact Detective Doug Swails at the IMPD Homicide Office at (317) 327-3475 or e-mail him at Douglas.Swails@indy.gov
Alternatively, they can call Crime Stoppers of Central Indiana at (317) 262-8477 or (TIPS) to remain anonymous.