Two Chesterton police officers were justified in firing multiple shots after a drug-impaired, wanted felon fired first during a confrontation on Gateway Boulevard in front of the Hilton Garden Inn on June 18, Porter County Prosecutor Gary Germann ruled Monday.
Joseph Gerber, 45, of Winamac, was under the influence of methamphetamine and an arrest warrant had been issued the day before for violating probation terms from an armed robbery conviction in Elkhart County, Germann said in the ruling.
While running away from officers, Gerber turned around and shot, striking Chesterton Police Officer Nolan Mancera.
Lt. David Virijevich and Mancera returned fire, hitting Gerber multiple times. Gerber then fatally shot himself in the head, the Porter County Coroner’s office ruled. Toxicology tests also found a significant amount of methamphetamine in his system.
The prosecutor’s ruling Monday coincided with the completion of the Indiana State Police investigation of the shooting.
“Without any question Officer Mancera and Lieutenant Virijevich acted in self-defense in that they were not only protecting themselves but also numerous members of the public,” Germann said.
“The active warrant for his arrest obviously explains why he chose to flee from police. In summary, the actions of both Officer Mancera and Lieutenant Virijevich demonstrated their high level of training, professionalism and courage,” Germann said.
Multiple shots were fired in the middle of Gateway Boulevard. There were at least 50 yellow markers in the road that morning, most of them covering the shells expended during the shootout.
The shooting wasn’t far from the Ind. 49 and the Indiana Toll Road entrance, as motorists were heading to work just after 8 a.m. on June 18. There are also restaurants and a Speedway gas station nearby.
Mancera, who sustained a gunshot wound in his hip area, was rushed to an Illinois hospital. He was released within a day and is expected to make a full recovery.
Both officers were immediately put on paid leave the day of the shooting. Mancera is a 5-year veteran and Virijevich has 22 1/2 years of experience with Chesterton Police.
Chesterton Police were initially called just after 8 a.m. by the Hilton Garden Inn staff on the complaint of an unwanted individual.
Gerber had stayed at the hotel overnight, but was not a registered guest. Hotel staff stated that Gerber acted “distant” when they talked with him and it was apparent he had a firearm on him, the report said.
The hotel manager asked the police to help get Gerber off the property and to issue him a trespass warning.
When Virijevich and Mancera first encountered Gerber, they attempted to use de-escalation techniques for several minutes, the investigation found.
As Gerber was being escorted away, he became increasingly agitated.
And when he was asked to identify himself, Gerber began to back away and then ran east toward Gateway Boulevard. The shootout started shortly after that.
Police Chief Tim Richardson was not available for comment Monday afternoon because he was still meeting with Indiana State Police investigators.
Richardson was expected to speak during the Monday night Chesterton Town Council meeting. From the outset, Richardson had publicly expressed confidence that his officers had acted professionally in responding to a dangerous situation.
The biggest controversy concerning the shooting involved how the combined Chesterton and Porter Police dispatch handled the call.
About an hour after the shootout, Porter County Commissioner Jim Biggs reached out to the media, stating that it was time for Chesterton and Porter to consider joining the Porter County E911 system.
Biggs and E911 Director Debby Gunn also later told The Post-Tribune that with the current system, it took nearly 5 minutes for the Chesterton/Porter Police dispatch call for the ambulance.
Chesterton and Porter fired back, noting the delay was caused because an E911 dispatcher put the Chesterton/Porter Police dispatcher on hold while answering another call. As it turned out, another E911 dispatcher had heard the radio traffic about the shooting and immediately dispatched an ambulance.
The Chesterton and Porter Town Councils have issued statements, calling for Gunn to be fired. The Chesterton council also asked Biggs twice to come to a council meeting to discuss the issue. He has yet to accept an invitation.
Jim Woods is a freelance reporter for the Post-Tribune.
