Photo provided Indiana State Police provided this photo of the scene where Jennings County Sheriff’s deputies attempted to serve a bench warrant on a suspect who was later shot to death by a deputy during a foot chase.
JENNINGS COUNTY — Jennings County Prosecutor Brian Belding issued his findings that Jennings County Sheriff’s Deputy Cody Low was justified in using deadly force in the shooting death of a criminal suspect on Feb. 3 in Spencer Township.
Devin Lark, 29, Seymour, was shot to death as Jennings County Sheriff deputies attempted to serve a bench warrant for his arrest, according to Belding.
Indiana State Police had released Lark’s name after the shooting, but did not release the deputy’s name until Tuesday.
Lark was found guilty on Feb. 2 by a Jennings County jury on multiple counts of felony burglary, felony auto theft, felony theft, and two counts of battery resulting in bodily injury, according to Belding’s investigation. Lark was also wanted by Clark County for felony dealing in a narcotic drug, according to court records. The bench warrant was issued after Lark attended jury selection in his trial, but disappeared shortly afterwards and did not return to the courtroom, although the trial continued in his absence and he was found guilty of the charges on Feb. 2.
According to sheriff department records, sheriff officials received information from an undercover officer about Lark’s location, telling them Lark had a firearm and had said he would “shoot it out with police and was not going to go down without a fight.”
The Jennings County Sheriff’s SWAT team was activated to apprehend Lark with the hope of stopping his vehicle while leaving property at West County Road 175N in Spencer Township and retrieving the firearm.
When Lark did not leave the residence, the sheriff’s department sent three police vehicles, consisting of two marked vehicles and an armored vehicle and an ambulance. Low with his K-9 Axel was sent with the SWAT team to Lark’s location, according to Belding, accompanying Sheriff Kenny Freeman.
They arrived at about 2:27 p.m. on the property and Low observed two males standing outside the barn, according to Belding. Low heard radio traffic that a subject, identified as Lark, was running toward the back of the property and exited his patrol vehicle, along with the K9, to give chase. Freeman also went after Lark, and Low said he told Lark he was going to be “bit” by the K9 if he continued to flee, according to Belding.
Lark continued to run toward the back of the property, and then entered a farm field. The K9 bit Lark on the right upper arm, which brought him to the ground on his back in the field, according to Belding. As Low approached, he saw Lark holding something black in his hand, according to Belding. Low drew his department-issued firearm and gave a loud verbal command of “let me see your (expletive) hands” and “show me your (expletive) hands,” according to Belding.
Low said he realized that Lark had a firearm in his right hand, and Low grabbed it with his left hand to take control of the firearm while going to the ground with Lark, according to Belding.
Low struggled with Lark to take control of the firearm and at one point, the deputy said, “I am going to (expletive) kill you,” to which Lark replied, “Kill me, kill me,” according to Belding.
The struggle continued and Low said Lark was attempting to turn the firearm toward him, according to Belding.
“Deputy Low stated that he feared for his life, K-9, and others coming to assist and fired one round at the center mass area of Devin Lark, striking him,” according to Belding. Lark immediately went limp and released his grip on the firearm, and Low removed it and threw it away from them in the field, according to Belding. He then removed the dog from Lark and requested medics.
Low was wearing a body camera and Belding reviewed that footage, according to the prosecutor’s office, which is about 42 minutes in length.
Indiana State Police processed the scene and recovered a black P-380 aut0matic handgun with a five-round capacity magazine, which contained five rounds in the magazine and one round in the chamber, according to Belding. A plastic bag from Lark’s right pocket containing 19 .380 auto cartridges was also recovered.
Low’s department-issued firearm (a Sig Sauer P320 handgun) with a 17-count handgun was also collected by ISP.
Lark’s autopsy showed he was struck in his right chest by one bullet that went through his right and left lower lungs, aorta and esophagus before exiting his back. Toxicology showed Lark tested positive for methamphetamine, cannabinoids, fentanyl, acetylfentanyl, norfentanyl, diphenhydramine, Zylazine and Bromazolam. His cause of death, according to Jennings County Coroner Alden Rudicel, was a gunshot wound to the chest, with methamphetamine and fentanyl intoxication contributing.
In Belding’s ruling, he notes the first seven seconds of Low’s body cam video are only video, no audio. Sheriff’s personnel explained that the body cameras have a function that they play back for 10 seconds once a camera is activated by pressing a button on the camera, but during that time, only record video.
“Based on this information, Deputy Low would have pressed the button on the body camera to activate it as he was pursuing Devin Lark around 8 to 10 seconds into the pursuit, which played back to him exiting his patrol vehicle,” according to Belding.
Belding did question this, and received a statement through Low’s attorney, Mark J. Dove, when asked if Low had announced himself or made any statement to Lark upon leaving the patrol vehicle before beginning the pursuit.
Low told Belding he did announce himself as he was exiting his patrol vehicle, saying something to the effect “Stop, Sheriff office, K-9” which Low said is a common phrase he uses regularly.
According to Jennings County Sheriff’s office policy on deadly force, an officer should make an effort to identify himself and warn deadly force may be used, and according to Belding, Low verbally announced himself despite a lack of body cam audio recording it.
Belding recounted the convictions and possible sentences Lark faced and wrote, “Based on the evidence, this may explain why Devin Lark conducted himself the way he did on Feb. 3, to avoid going to prison (for) what he may have thought was a significant time. However we will never know for certain what motivated Devin Lark’s actions that resulted in his death. His autopsy revealed he had illegal substances in his blood which likely affected his judgment to flee from law enforcement while possessing a firearm,” Belding wrote.
“It is easy for a person to second-guess or say they would have done something different in this situation when they were not directly involved,” Belding wrote in his decision. “You have to put yourself in the shoes of the law enforcement office with the information they have at the time to make split second decisions as to life and death.”
Belding concluded that Low was justified in using deadly force in the defense of himself and other law enforcement officers and wrote he would not pursue criminal liability against the deputy.
