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Shooting by Delaware County deputies during chase legally justified, prosecutor says

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MUNCIE — A shooting by a Delaware County Sheriff's Office deputy during a chase was legally justified, according to the Delaware County Prosecutor's Office.

The deputy, whose identity has not been released, exchanged gunfire with a man following a pursuit that started in Muncie, Delaware County Prosecutor Eric Hoffman said in a press release.

"The facts demonstrate conclusively and without a doubt that the Deputy who discharged their firearm, ultimately shooting Benjamin Brooks (white male, age 38) did so in self-defense and defense of others," Hoffman said. "Consequently, the officer’s actions are completely and legally justified."

The shooting happened on June 26 near County Road 900 North, east of Walnut Street, Hoffman said.

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Muncie Police Department officers were called to investigate a possible intoxicated driver around 8:50 p.m. in the 3100 block of Wheeling Avenue, Hoffman said. Brooks did not comply with officers and acted like he had a weapon on him.

When officers tried to stop him, he took off, drove recklessly, and attempted to run over a Ball State University Police Department officer deploying stop sticks, Hoffman said.

Brooks has been formally charged with attempted murder, unlawful possession of a firearm by a serious violent felon, criminal recklessness committed with a deadly weapon, resisting law enforcement, carrying a handgun without a license, and reckless driving, according to online court records.

You can read the full press release below.