Harrison County prosecutor says lethal force 'justified' when man pointed shotgun at officers

LOUISVILLE, Ky. (WDRB) -- The Harrison County prosecutor said lethal force was justified when a man was shot by sheriff's deputy on Nov. 4.

According to Harrison County Sheriff Nick Smith, deputies went to a home in Laconia, Indiana, to arrest a man on an escape warrant and other charges. The man, 28-year-old Michael Kerns Jr., first approached officers outside with a chainsaw and refused to listen to orders to put it down.

Harrison County Prosecutor, J. Otto Schalk, said Kerns was verbally irate and refused to comply with commands.

Kerns then went back into a garage, walked out and pointed a shotgun at officer Sean O'Sullivan. Schalk said O'Sullivan sought cover and ordered the man to drop the weapon.

O'Sullivan fired three shots and one hit Kerns in the shoulder, Smith said. Kerns' gun wasn't loaded, and no other officers fired shots.

Schalk argues that O'Sullivan had no way of knowing the shotgun was unloaded.

"As to whether Officer O'Sullivan was justified in his use of force, there is no evidence to suggest that he acted in any manner other than that of being justified," Schalk said in a release. "Officer O'Sullivan retreated to cover when he first observed Kerns with the shotgun. Had Officer O'Sullivan used lethal force at the moment, his actions would have still been justified, given the circumstances."

Kerns was treated for his gunshot wound, and is now in custody at the Harrison County Jail.

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