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IMPD IDs officer at Burger King police shooting

A suspect died and a law-enforcement officer was hurt after a police shooting in the late afternoon of Oct. 26 2023, near East 21st Street and Shadeland Avenue on the east side of Indianapolis. (Photo Provided/Indianapolis Metropolitan Police Department)

INDIANAPOLIS (WISH) — A law-enforcement officer with the Indianapolis department for five years was identified Thursday as the policeman involved in the fatal shooting of a trespassing suspect a week ago at a Burger King.

Patrol Officer Nicolas Deem was initially reported to have a graze wound from the shooting, but Indianapolis Metropolitan Police Department reported three days ago that he “has injuries more significant than originally thought.”

IMPD said Monday, “The officer has significant bullet fragments in his leg, with the largest fragment being is close to his femur. The doctor believes some of those fragments may stay in his leg forever.”

Lt. Shane Foley with the IMPD public affairs office said Thursday, “We do not have an updated condition.  Updates on an officer’s condition are only provided if there is an update and if the officer wants an update provided as this is still a health matter and we want to respect a certainly level of privacy.”

Frederick Davis, 37, died at Eskenazi Hospital after the police shooting.

IMPD says officers were sent to an investigation at 5:40 p.m. Oct. 26 at the Rodeway Inn hotel at 6990 E. 21st St. That’s on the northwest corner of East 21st Street and North Shadeland Avenue.

At the hotel, one of the officers recognized Davis, “who had been trespassed from The Rodeway Inn,” and the officers knew Davis also “had been trespassed from several area businesses,” IMPD said Oct 26.

Officers told the man to leave the hotel property, and he ran from them on foot.

Police were searching for the man when a Burger King employee contacted them and said the man was in the restaurant at 2055 N. Shadeland Ave. That’s the address of a small commercial building with two restaurants, Burger King and Jimmy John’s, near the southeast corner of East 21st Street and North Shadeland Avenue.

Officers in uniform entered the Burger King and found the man near the restrooms.

A news release issued Oct. 26 said, “Two officers approached and were attempting to take the suspect into custody, when a physical altercation followed. The officers and suspect fell to the ground during the physical altercation. At some point, the suspect was able to gain control of the officer’s firearm, said to the officer ‘you’re going to die,’ and disarmed him. The suspect fired the weapon, striking the officer. The physical altercation continued, and that officer reached for his secondary service weapon. The officer discharged his secondary service weapon, striking the suspect at least once.”

Deem was shot by Davis, who’d taken the police officer’s service weapon. Deem returned fire by using a “secondary service weapon,” killing Davis.

Officers had activated bodycams, and the Burger King had surveillance video, IMPD says.

Thursday’s police shooting was the 14th involving IMPD in 2023. IMPD Assistant Chief Chris Bailey has said the department will be looking at hiring a consultant to examine each police shooting to see if the agency can change how it handles them.

After police shootings, IMPD places officers who used weapons on administrative leave. Upon completion of a criminal investigation, the Use of Force Review Board has a hearing.

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