TERRE HAUTE, Ind. (WTWO/WAWV) – Vigo County Prosecutor Terry Modesitt completed the review of the investigation into the officer involved shooting involving Vigo County Sheriff Deputy Dayton Huebner on June 14, 2023.
In a press release on Friday, Modesitt said, “The investigation shows that the shot fired by Deputy Dayton Huebner was consistent with Indiana self-defense law and was a permissible use of deadly force. I have advised Sheriff Plasse that Deputy Huebner has been cleared of any wrongdoing.”
“Mr. Dockery was in the middle of a crisis situation and introduced multiple firearms into the situation. At different times, he pointed a handgun and a long rifle at the responding deputies – Deputy Chris Hawkins and Deputy Dayton Huebner. Deputies initially attempted to speak with Mr. Dockery and requested that he put down his firearms.” Modesitt explained. “Mr. Dockery refused to put down his firearms after being asked or instructed to do so at least five times by the deputies. During that time, Mr. Dockery exchanged his pistol for an assault style rifle. Mr. Dockery took cover behind a vehicle and aimed the rifle at Deputy Huebner. At that time, Deputy Huebner fired once, killing Mr. Dockery. This action is protected by Indiana’s self-defense laws.”
Modesitt finished by saying, “My thoughts and prayers continue to go out to the family of Mr. Dockery and all of our first responders that face these tragic situations all too frequently. I commend Deputy Huebner and Deputy Hawkins for their efforts to resolve the situation peacefully. And we continue to encourage people to engage in mental health services when needed.”
Also, Indiana State Police Sgt. Michael Featherling, along with other troopers, detectives and crime scene investigators, completed their investigation and submitted his findings to the Vigo County Prosecutor’s Office on July 5, 2023.
Sgt. Featherling compiled and provided interviews of witnesses, body camera and dash camera recordings, scene and other related photographs, cell phone screenshots and the recording of the 911 phone call made just prior to the incident by a person at the residence.
The evidence shows the following:
A person at the residence called 911 advising that she was concerned about James Dockery’s safety at that time based on statements made by Mr. Dockery and posts made on social media by him. One statement posted read “Is it bad that I want to go out in a blaze of fury???” The caller was also concerned about his level of intoxication and reported his access to firearms. During the call, James Dockery tells the caller to tell 911 he has 190 rounds of ammunition.
Deputy Huebner was off-duty and came to the residence at the request of Mr. Dockery. Deputy Huebner and Dockery were friends. Deputy Huebner arrived during the 911 call but was unaware of the report being made. The deputy arrived at the residence unarmed, not in uniform and operating a personal vehicle.
The caller can be overheard asking Deputy Huebner to stop Dockery from going into the house because he is drunk and has guns inside. The caller then exclaimed “Oh my god, he has a gun.” At this time, Deputy Huebner retreated to behind his vehicle.
Deputy Hawkins arrived in his department SUV and exited. Huebner tells him “He’s got a gun. He’s pointing it.” Hawkins drew his handgun. Dockery was inside of his garage. Huebner was still behind his vehicle. Deputy Hawkins then verbally engaged with Dockery. He also accessed his rifle in the rear of the SUV and provided it to Deputy Huebner. The deputies then used the SUV for protective cover while directing Dockery to put down his gun. The body camera recording of Deputy Hawkins recorded him saying “We just want to talk with you. Put the gun down.” The recording shows Dockery was encouraged to put the gun down at least five (5) times. In response to Dockery aiming his assault style rifle at him, Deputy Huebner fired one shot, striking Dockery. Both officers immediately approach to assess the situation and Hawkins radios for medical assistance.
A later search of the garage showed Dockery had access to a handgun on the hood of the vehicle, an assault style rifle found at his feet, and an additional backpack with three (3) more handguns and ammunition.
