LOUISVILLE, Ky. (WDRB) -- Indiana State Police and the Jennings County prosecutor said a sheriff's deputy acted in self defense when he shot and killed a man back in February.
Tuesday, ISP and Prosecutor Brian Belding released the findings of their investigation into the Feb. 3, 2023 shooting that left 29-year-old Devon Lark dead.
Belding concluded that all the evidence showed Sheriff's Deputy Cody Low's use of deadly force that day was "justified," according to the report.
"Deputy Low acted without fault, had a right be where he was, and he had a reasonable belief that he was in immediate danger of death or serious bodily harm," the report states.
On Feb. 3, Jennings County Sheriff's officers and officers with the Jennings County SWAT Team attempted to serve an arrest warrant out of Jennings County on Lark at a property on West County Road 175 North, four miles northwest of North Vernon. Upon arrival, officers came across two individuals, and one was identified as Lark.
The prosecutor said Lark fled, so Low and his K-9 Axel started a foot pursuit. Low deployed Axel, who bit Lark on the arm, forcing him to the ground. That's when Lark produced a handgun, and Low repeatedly gave commands to drop his weapon.
When Low attempted to remove the gun from Lark's hands, a struggled ensued. Lark tried to turn the gun around and shoot at Low, and "in fear for his life," Low fired the gun, hitting Lark in the chest, Belding wrote in his report.
An autopsy performed on Lark found meth, fentanyl, acetylfentanyl, norfentanyl and marijuana in his system.
On Jan. 30, 2023, Lark was on trial for multiple felony burglary charges, and had fled after not returning to court after recess. The trial continued, and Lark was found guilty on Feb. 2 on multiple-level felony burglary and battery charges, and a warrant was issued for his arrest.
It was also discovered that Lark had another arrest warrant out of Clark County, Indiana, at the same time.
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