By John Estridge
A Brookville man was charged with Battery while Armed with a Deadly Weapon after a shooting in Riverview Subdivision Saturday morning, July 31.
Police allege Dakota Lee Burgess, 24, Whitewater Drive, Brookville, shot Burgess’ cousin.
According to an Affidavit for Probable Cause filed by Brookville Police Department Sgt. Ryan Geiser, a resident in Riverview Subdivision called 911 at 5:10 a.m., to report shots fired and a person was wounded.
BPD Officer Ryan Windle and Franklin County Sheriff’s Department Deputy Tyler Ford responded to 9073 Whitewater Drive. The victim, 20 years of age, was found by Windle sitting in the passenger seat of a black Toyota Camry with Oregon plates. The victim had a gunshot wound to his left arm and left leg. Police officers and Emergency Medical Services personnel treated the victim. A helicopter landed nearby and transported the victim to St. Vincent Hospital in Indianapolis for treatment.
Geiser said when he arrived on the scene, he taped off the area around the residence to establish a crime scene for evidence preservation.
According to Geiser, he saw blood spatter on the car’s interior and the passenger-side window. A blood trail led from the vehicle to a door on the residence. More blood was observed leading through the kitchen toward the living room.
Geiser then went to talk to the local resident who dialed 911. She said she heard two males arguing around the Toyota Camry about 4 a.m. About an hour later, she continued to hear the arguing, and then heard one of the males yell “Don’t move, stand the ‘blank’ still.” She said one male was standing on the driver side of the car and another male was in the passenger seat. The male standing on the driver’s side again yelled “Don’t move, stand the ‘blank’ still.”
Then, she heard a gunshot.
After the gunshot, she called 911 to report the incident. A male, later identified as Burgess, ran onto the street yelling for help. She told him she was on the line with 911. This caused Burgess to run up to the female resident. When he got up to her, he said “Call 911, I just shot my cousin.”
According to Geiser, Windle and Ford advised Burgess of his Miranda Rights, and Burgess had acknowledged to them he understood his rights.
Geiser then asked Burgess what had happened.
According to Burgess, he was sleeping on his couch and his cousin called asking if he could come over. When the cousin arrived at the residence, Burgess walked outside and found his cousin covered in blood, and Burgess then called 911.
Later, Burgess told a second story saying the cousin was at Burgess’ residence, when someone pulled up to the residence and tried to rob them. Then, they shot his cousin.
Geiser placed Burgess in handcuffs and placed him in a patrol car.
As Windle, Geiser, Brookville Police Chief Terry MItchum and Indiana State Police Sgt. Steven Weigel were processing the scene, Burgess began yelling. Mitchum walked over to Burgess. Burgess asked why he was handcuffed in the back of a patrol car. Mitchum told Burgess, Burgess was a suspect in the investigation.
“For what, shooting my cousin and calling 911?” Burgess asked.
Franklin County Prosecutor Chris Huerkamp charged Burgess as a Level 5 Felony. If convicted of a Level 5 Felony, Burgess could receive one to six years in prison.
According to mycase.in.gov, Burgess has a Level 6 Felony case pending in Franklin Circuit Court 2. He was charged in September 2020 with three counts of Driving while Intoxicated, including a felony as the charge states he has a prior DWI conviction within the last seven years.
On July 7, 2020, Burgess pleaded guilty to Driving while Intoxicated as a Level 6 Felony as he had a prior conviction. He was sentenced to 540 days in the Franklin County Security Center with 510 days suspended to probation.
He pleaded guilty to Operating a Vehicle while Intoxicated, as a class A misdemeanor, in October 2016, and was sentenced to 365 days in the FCSC with all time suspended to probation. He pleaded guilty to Illegal Possession of an Alcoholic Beverage in January 2018 and was sentenced to 60 days in the FCSC with all time suspended to probation.
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