Officers cleared in deadly Sunman, Indiana, shooting

Two officers who shot and killed a man last October in Sunman, Indiana, have been cleared of criminal charges.

Ripley County prosecutor Ric Hertel said the evidence shows trooper Ben Bastin of the Indiana State Police and Deputy AJ Smith of the Ripley County Sheriff's Office acted in self defense.

Investigators also released footage from Bastin's body camera that shows how the shooting unfolded. Hertel said this was the first officer involved shooting involving ISP since they started wearing body cameras last Spring.

"Was it useful in this circumstance? It absolutely was," Hertel said.

On October 10, 2021, shortly after 9:00 a.m., dispatchers received a 911 call regarding a domestic dispute between Joshua Ebinger, 37, and his girlfriend. Investigators said his girlfriend was crying as said Ebinger had a gun.

During that call, Hertel said Ebinger can be heard in the background making threats against police such as, "They better make sure they kill me, or I'm going to kill one of them." And, “I want them to come here. I'm ready for them."

Four officers from three agencies responded. Body camera footage shows the officers staging near the home and discussing a tactical plan to deescalate and resolve the situation.

Officers then approached the house with guns drawn. Ebinger's girlfriend walked out to a safe location.

Officers gave Ebinger multiple verbal commands.

"Show us your hands," one officer said.

"Leave the weapon inside and come out," another officer said.

Ebinger eventually walked out of the house holding a gun.

"On the ground now. Put the gun down. Put it down," an officer said.

Ebinger can be seen on the body camera footage holding a gun in his right hand. He then raises both hands to the side.

"Don't raise that up. Don't do it. Don't point it. Don't do it. Don't do it Josh, please. We will shoot you now. Put it down," an officer yelled.

"At that point in time then, Ebinger directs his weapon particularly at trooper Ben Bastin," Hertel said.

Bastin did not shoot at that time.

Then, "The gun comes up starts to point at AJ Smith, a deputy there. At that time, trooper Bastin and deputy Smith shoot multiple times at Josh Ebinger," Hertel said.

Despite officers attempts to save his life, Ebinger died in the doorway.

"Myself, as prosecutor here, made the determination that self defense was appropriate here," Hertel said.

Hertel said Ebinger was intoxicated, twice the legal limit for driving and was violating a no contact order from a previous domestic violence incident involving his girlfriend. Hertel said investigators found multiple handwritten notes written by Ebinger that appear to indicate his last wishes and messages to his girlfriend.

Attorney Larry Wilder represents the Ebinger family. He said he is looking into whether Ebinger's civil rights were violated.

"We will do what our duty is and we will do with with all the information we can gather and all the information available," Wilder said.

ISP and the Ripley County Sheriff's Office said they will be conducting internal investigations to make sure their policies and procedures were followed.
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