Deadly shooting of suspected robber at South Bend gas station ruled justifiable

SOUTH BEND, Ind. (WNDU) - The South Bend Police Department says the deadly shooting of man at a gas station on South Bend’s west side early Thursday morning was ruled a justifiable homicide by the St. Joseph County Prosecutor’s Office.

Police were called around 12:50 a.m. to the Phillips 66 gas station in the 4000 block of W. Western Avenue on reports of a robbery. When they arrived, they found a man, identified as 24-year-old Glen Brooks, suffering from gunshot wounds. Brooks was pronounced dead at the scene.

Witnesses told police that Brooks entered the gas station with a handgun and was attempting to rob it at gunpoint. He then reportedly got into a struggle with the clerk.

That’s when police say an armed concerned citizen decided to intervene on behalf of the clerk and fired his gun. Brooks was hit by the gunfire and ran away from the gas station, but police say he collapsed a short distance away.

Police say they recovered video from the gas station that confirmed everything witnesses had told them about what happened.

After reviewing everything, The St. Joseph County Prosecutor’s Office determined that the shooting of Brooks was a justifiable homicide under I.C. 35-41-3-2(c). Therefore, no criminal charges will be filed in connection with his death.

I.C. 35-41-3-2(c) states “A person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person: (1) is justified in using deadly force; and (2) does not have a duty to retreat; if the person reasonably believes that the force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.”

Since the concerned citizen is not being charged with a crime, his identity is not being released.

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