Elkhart police shooting of burglary suspect under review by prosecutors

The Elkhart County Prosecutor's office is reviewing the Indiana State Police's investigation into a shooting involving three Elkhart police officers.

Posted on Oct. 17, 2013 at 1:00 a.m. | Updated on Oct. 17, 2013 at 4:54 p.m.

ELKHART — The Elkhart County Prosecutor’s Office is reviewing an investigation into a September officer-involved shooting to determine whether charges will be filed.

Ed Windbigler, chief investigator for the prosecutor’s office, said the Indiana State Police turned over their investigation into the death of 27-year-old Jaime Benavidez to the prosecutor’s office on Thursday, Oct. 10.

Benavidez was shot and killed on Sunday, Sept. 1, by three Elkhart police officers who had responded to reports of a burglary in progress in the 300 block of West Hubbard Avenue.

According to police, the officers chased two people south from Hubbard Avenue and arrested a 14-year-old boy near 312 W. Lusher Ave.

Benavidez was shot after he allegedly pointed a gun at the officers.

The Elkhart Police Department identified the officers involved as three veterans of the force, each with more than a decade of service.

Windbigler said the case will be reviewed by Chief Deputy Prosecutor Vicki Becker and then sent to Prosecutor Curtis Hill, who will decide how to proceed.

“They have not said what path they’re going to take yet,” Windbigler said.

Windbigler said he did not know how long it will take for them to come to a decision.

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