On May 11, 2018, at approximately 11:05 p.m., officers from the Indiana State Police, the Marion Police Department, and the Grant County Sheriff’s Department responded to a two vehicle crash at Third Street and Washington Street, in which Payton Rogers, 18, Marion, died.
The crash investigation by Indiana State Police Trooper Josh Tarrh revealed that Marion Police Officer Brain Davis, 45, Marion, IN, was driving a 2018 Ford Fusion police car westbound on Third Street approaching Washington Street. As the police car approached the intersection, a southbound 2004 Pontiac Grand Am, driven by Payton Rogers, 18, Marion, IN, pulled into its’ path. The vehicles crashed into one another, coming to rest on the southwest side of the intersection.
Evidence revealed the police car had emergency lights and siren activated, as Officer Davis was on an emergency call to assist another officer. The police car also had the right away with a green traffic light. The Pontiac had proceeded into the intersection despite having a red traffic signal.
Rogers was pronounced dead at the scene from injuries sustained in the crash. Baleeve Gregory, 18, Marion, IN, a passenger in the Pontiac, was flown via Lutheran Medical Helicopter, to a Ft Wayne hospital. She sustained a head injury. Officer Davis was transported to Marion General Hospital with non-life threatening injures.
Trooper Tarrh turned over his completed investigation which included video footage, witness statements, vehicle speeds, and toxicology reports to Grant County Prosecutor James Luttrull Jr. for review.
Mr. Luttrull determined that Officer Davis did not commit any traffic infractions nor criminal violations. Officer Davis did not drive his police car in a negligent manner. There will be no charges filed in this case.