The South Bend Police Department reports that the fatal shooting of a man at a gas station on South Bend’s west side early Thursday morning has been deemed a justifiable homicide by the St. Joseph County Prosecutor’s Office.
Around 12:50 a.m., police responded to the Phillips 66 gas station in the 4000 block of W. Western Avenue after receiving reports of a robbery.
Upon arrival, they discovered a man, identified as 24-year-old Glen Brooks, with gunshot wounds. Brooks was pronounced dead at the scene.
Witnesses informed the police that Brooks entered the gas station with a handgun, attempting to rob it at gunpoint, and engaged in a struggle with the clerk.
During the incident, an armed citizen, concerned for the well-being of the clerk, decided to intervene and fired his weapon. Brooks was struck by the gunfire, fled from the gas station, but collapsed a short distance away, according to police.
Video footage from the gas station corroborated the witness accounts.
Following a comprehensive review, the St. Joseph County Prosecutor’s Office concluded that the shooting of Brooks fell under I.C. 35-41-3-2(c) as a justifiable homicide.
As a result, no criminal charges will be pursued in connection with his death.
An individual is considered justified in employing reasonable force against another person to safeguard themselves or a third party from what is reasonably believed to be an imminent use of unlawful force.
Moreover, lethal force is justified, and there is no obligation to retreat, if there is a reasonable belief that such force is necessary to prevent serious bodily injury to themselves or a third party or the commission of a forcible felony. The state ensures that no person shall face any form of legal jeopardy for protecting themselves or a third person through reasonable and necessary means.
As the concerned citizen is not facing charges, their identity is being withheld.