INDIANAPOLIS — The Marion County Prosecutor's Office has announced they will seek the death penalty against the man accused of killing Marion County Sheriff's Deputy John Durm.
Orlando Mitchell is charged with two counts of murder, robbery resulting in serious bodily injury and escape in connection with the death of Deputy Durm on Monday.
According to court documents, Mitchell, 34, was returning to the Criminal Justice Center from a medial appointment when he attacked Deputy John Durm.
Video evidence shows Durm walk around the van to let Mitchell out. When Durm opens the door, Mitchell steps behind him and raises his hands over Durm's head, according to the documents.
Mitchell then uses the chain of his handcuffs to choke Durm. During the altercation, Durm and Mitchell fall to the ground and Mitchell continues to choke Durm "until Durm quits moving", according to the documents.
At this time, Mitchell uses Durm's keys to take off his handcuffs and jumps in the van and pulls away. He then crashed the van in the 3000 block of Prospect Street.
He was taken into custody at the crash scene.
Deputy Durm died at Eskenazi Hospital later in the day. His death marks the third law enforcement death in the past 12 days in Indiana.
He will be laid to rest following a funeral service at Gainbridge Fieldhouse on Monday, July 17.
Mitchell, who was already facing a charge of murder in the death of his ex-girlfriend Krystal Walton in September 2022, will now face the death penalty.
This is Prosecutor Ryan Mears second time seeking the death penalty. He previously has sought the death penalty for Elliahs Dorsey, who is charged with killing IMPD officer Breann Leath in 2020.
“For decades, Deputy John Durm served our community with honor and dignity. Now, it is our duty to secure justice for Deputy Durm and his family,” Prosecutor Mears said. “The women and men of the Marion County Prosecutor’s Office express their utmost sympathy to the Durm family and law enforcement during this incredibly difficult time.”
Marion County Sheriff Kerry Forestal released the following statement: “Nobody should lose their life while trying to do their job, but that’s the reality law enforcement officers face every single day. Sadly, it became a reality on Monday when Deputy John Durm was taken from us at the hands of the accused.
“I appreciate Prosecutor Mears and his team for their swift and decisive action in the pursuit of justice for Deputy Durm, his family, and the MCSO. We also extend our sincere thanks to our partners at IMPD for being right beside us from the very beginning of this tragedy – both on the investigation and in paying tribute to our fallen colleague.”
Chief Randal Taylor said the following.
“I am sickened by the heinous act committed against Deputy Durm,” said IMPD Chief Randal Taylor. “Deputy Durm dedicated his life to law enforcement and the safety of this community, and we should all be grateful for his service and sacrifice. Let us continue to honor Deputy Durm’s memory by upholding the values of justice, compassion, and unity that he exemplified throughout his career. I also want to thank the IMPD officers, detectives and the Marion County Prosecutor’s Office for all of their hard work and dedication to upholding justice.”
You can watch the press conference announcing the death penalty below.
On Friday, Mitchell made his initial court appearance relating to the new charges.
A Hendricks County judge is overseeing the case as many in Marion County would have a conflict on interest and have recused themselves.
The special judge read Mitchell his charges and rights and set a Sept. 8 pretrial conference as the next meeting in the case.
