A Greenwood man is on trial this week, accused of attempting to kill a Bargersville police officer.
Andrew Phillip McQuinn, 28, is charged with attempted murder, a Level 1 felony, possession of a firearm by a serious violent felon, a Level 4 felony, domestic battery committed in the presence of a child less than 16 and theft of a firearm, both Level 6 felonies, as well as misdemeanor possession of a handgun without a license.
A Level 1 felony is the highest felony someone can be charged with. McQuinn faces up to 57 years in prison.
McQuinn allegedly shot at Bargersville police officer Klint Brown following a domestic battery incident on Feb. 9, 2020. Several witnesses said McQuinn shot at Brown when the officer arrived about 8 p.m. that night at Clary Crossing Apartments in Bargersville.
On the first day of the trial Tuesday, the jury and Johnson County Superior Court 2 Judge Peter Nugent heard opening arguments and testimony from key witnesses for the prosecution.
McQuinn intended to kill Brown, and two statements he made that night show that, Johnson County Prosecutor Joe Villanueva said.
A Johnson County sheriff’s deputy’s body camera captured McQuinn say, “we shoot at officers,” while deputies apprehended him.
The domestic battery victim, during her account of what happened that day, said McQuinn said, “I guess there is going to be a shoot out.” She said McQuinn had been drinking for nearly 12 hours, consuming four Four Lokos, multiple beers and some tequila and whiskey.
They argued throughout that day and he battered her multiple times, bruising her neck, she said. She asked McQuinn to leave during an argument, but he refused. Later, he stole her gun when she turned her attention to her child, she said.
Shortly before police were called, McQuinn began screaming at the victim during a FaceTime call with her mom. After that call, a family member contacted the victim’s father, who lives in a nearby subdivision, and told him the victim was in trouble.
The victim’s father called 911 while he was on his way to the victim’s apartment with his wife, the victim’s stepmother.
The victim’s father and stepmother told the court they parked their car near the entrance of their daughter’s apartment and saw McQuinn pacing outside. He eventually stopped pacing and stood by a dumpster at the complex, yards away from their vehicle.
Shortly after, Brown’s cop car pulled up and parked near their vehicle, but behind it at an angle. He turned on a spotlight to illuminate addresses and locate the victim’s apartment. The victim’s parents remained inside their vehicle and on the phone with 911.
That’s when the first of six shots rang out, the 911 call shows.
Brown, a police officer with 13 years of experience and a firearms instructor, testified. He explained to the jury how the gun was positioned when it fired.
Brown told the court he saw McQuinn standing by the dumpster, but when he first glanced at him, he did not notice him doing anything suspicious. As a result, he was not looking in Brown’s direction when the shooting began. Instead, he was concentrating on the addresses, he said.
None of the witnesses were looking at McQuinn when the first shots rang out, but looked in his direction by the third shot, they said.
Brown told the court, based on his training, the circular shape of the muzzle flare from the gun suggests that it was aimed at him. The position of the gun, at torso level, suggests it was aimed straight ahead, he said.
Realizing he was in danger, Brown backed up his car and drove a short distance away, then headed back to the scene on foot with his gun drawn, he said.
When he got close to the building, Brown noticed that McQuinn was lying flat on the sidewalk without the gun, so he held McQuinn at gunpoint until backup arrived, he said.
Police later located the weapon and six shell casings near a bush by the dumpster.
Brown was not injured during the shooting and his car was not damaged by the bullets.
Several Johnson County jail deputies also testified, sharing their experience with McQuinn while he was checked out at Johnson Memorial Hospital and booked into the jail.
One deputy told the court McQuinn said in a mocking tone, “I shot at police today,” and, “I tried to kill a cop today.”
McQuinn told an off-duty Bargersville police officer who was working hospital security, “You all have some bullet holes in your windshield,” the officer told the court. The off-duty officer was wearing his police uniform at the time, he said.
McQuinn allegedly tried to charge at the same off-duty Bargersville officer, he said.
The prosecution and defense agree about many facts of the case, but disagree about whether McQuinn aimed at the officer and intended to kill him.
Michael Kyle, McQuinn’s attorney, told the jury he will not argue his client did not steal the victim’s gun and batter her in the presence of her three-year-old child. But McQuinn did not shoot at Brown or intend to kill him, Kyle said.
He said McQuinn made conflicting statements at the scene that was caught on camera. Though McQuinn did say, “We shoot at officers,” he also said, “I shot in the air,” and, “You’re lucky I didn’t make you kill me.”
Because McQuinn was so intoxicated, it is unclear what he intended to do, Kyle said. McQuinn acted in such a way that only a drunk person would, he said.
Kyle attempted to poke holes in Brown’s testimony during cross-examination, asking the officer if McQuinn could have been firing the gun in the air rather than toward him. Brown told the court it was unlikely a shooter would point the gun straight ahead to shoot in the air, as it would make more sense to shoot upward.
Kyle also pointed out there is no camera footage that provides concrete evidence McQuinn made the alleged statements at the hospital and jail.
The trial continues today.
