Citizen Report No. 1675558523 - 796730832

Phillip J. Fabian
11033 West 93rd Avenue
Saint John, Indiana 46373

Date of Offense

November 29, 2022

Offense(s)

 

Statement

This Case Involves: 

Abuse of Authority, Depravation of Rights, and Use of Force

By recklessly firing on a moving vehicle  

 

Summary of Incident 

 

Following the incident, officials said the St. John officer was "checking on an abandoned, unoccupied suspicious vehicle" near West 93rd Avenue and Cline Avenue, and as he was standing in the shoulder of the lane, the officer claims a car nearly struck him.

At the time, St. John police said the officer feared for his life and opened fire on the vehicle, which continued driving past the scene. The officer then chased down the driver and took him into custody.

That driver was said to be an off-duty Hammond police officer.

In a Facebook post by Hammond Mayor Thomas McDermott, Jr., he said the Hammond officer was on his way to his home in St. John when he saw the St. John officer conducting a traffic stop. The mayor said the Hammond officer moved to the other side of the road to give space when the St. John officer opened fire at him.

The off-duty Hammond officer was uninjured and maintains he did nothing wrong, McDermott said.

McDermott said the incident end[ed] with the gunfire, which came so close to the off-duty officer it pierced the passenger seat of his personal vehicle.

"When our person identifies himself as a Hammond police officer, totally outfitted as a Hammond police officer, they cuff him in the back of a car for two hours. That's outrageous," the mayor said.

St. John's police chief could not say how many shots Fabian fired, or what that still-unseen body and dash camera footage shows.

"It was unfortunate," said Chief Flores. "I'll say that."

"I was told it's shocking how blatant and disproportionate the use of force was," McDermott said.

Fabian has been on administrative leave since the shooting, officials said, and remains on paid leave.

 

Feb 1 2023 - St. John police said Fabian faces a felony charge of criminal recklessness and a misdemeanor charge of criminal mischief.

St. John, Indiana police officer charged after allegedly shooting at off-duty Hammond officer

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Definition of Offense(s)

Abuse of Authority

Police corruption is the abuse of police authority for personal gain. Corruption may involve profit or another type of material benefit gained illegally as a consequence of the officer's authority.

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Deprivation of Rights

Acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S. (taken from U.S.C.

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Use of Force

Police brutality is the use of excessive and unnecessary force on the part of a police officer when he is interacting with a civilian, resulting in a violation of the civilian’s civil rights.

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Criminal Charges and/or Conviction

Criminal charges and/or conviction refer to the legal process of accusing a police officer of a crime and determining their guilt through a court of law.

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