After more than a week of eyewitness accounts and expert analyses, Robert Duplain took the stand Wednesday expressing remorse but at the same time saying he had no choice but to kill Michael McKinney.
“I feel horrible for what’s happened,” the former Ball State University police officer said. “It’s a tragedy for this family. It’s a tragedy for my family. I wish it didn’t have to happen. Unfortunately, it’s part of the job. Going into police work, it’s a very real possibility… My actions were dictated by the actions of Mr. McKinney.”
Duplain’s comment led to a deluge of tears from McKinney’s family who attended the trial, causing Judge Richard Young to call for a recess to alleviate tension and allow the family to calm down.
Duplain shot and killed McKinney after Muncie resident Jane Poole called 911 reporting the former student was trying to break into her house in November 2003. Duplain, then a rookie, shot McKinney four times in Poole’s backyard.
During Duplain’s six-hour testimony, Plaintiff’s Attorney Geoffrey Feiger questioned the honesty of Duplain’s statements, accusing him of tampering with evidence and filing fraudulent reports.
Feiger opened Wednesday’s examination by discussing Duplain’s “guns blazing” attitude toward his job. He mentioned an incident before the night of the McKinney shooting in which police were called to Theta Chi fraternity house. Duplain found a man trying to escape by climbing over a fence, and he aimed his gun at the man’s back, Feiger said.
“Where did you get the idea you could point a gun at somebody’s back?” Feiger asked Duplain. “Did you do this a lot?”

