Make your home page

Passing motorist fatally shot gunman who’d fired at 2 men, killing 1 in Brownsburg

BROWNSBURG, Ind. (WISH) — A gunman launched an unprovoked attack Tuesday afternoon against two men who were working in the Brownsburg Cemetery, and the aggression ended with two of the three men dead, the town police department said late Wednesday night.

A fourth man, a passing motorist, shot and killed the gunman, who was identified as Joshua Hayes, 22, of Indianapolis, according to a news release issued late Wednesday night by Capt. Jennifer Pyatt-Barrett, the investigations division commander of the Brownsburg Police Department.

The other man who died, one of the two working in the cemetery, was identified as Seth Robertson, 36, of Indianapolis.

Officers with the Brownsburg police were called around 1:15 p.m. Tuesday to the area of 56th and North Grant streets after receiving a phone call of multiple shots fired and a man down in the middle of the road, Cpl. Chris Nelson with Brownsburg police said at the scene.

Police arrived to find Hayes and Robertson in the street, one man south of the intersection and the other man west of it. Both were pronounced dead at the scene of apparent gunshot wounds, Nelson said at the scene.

Pyatt-Barrett said in the news release that Hayes drove to the cemetery, approached Robertson and another man who police referred to a “Victim 2.” Hayes then opened fire.

“This led to a foot chase where Robertson and Victim 2 separated to seek safety and cover from Hayes’ gun fire (sic),” the news release said. “Hayes continued his pursuit of Robertson, while firing upon him, until he caught up with him in the intersection of 56th St. and N. Grant St, where he ultimately shot and killed Robertson.”

The release said Hayes then began chasing Victim 2 through a residential neighborhood and back onto 56th Street, where a physical altercation ensued and shots continued to be fired.

Next, Hayes encountered a motorist — referred to in the news release as Victim 3 — who was stopped at a traffic light in the eastbound lane of 56th Street. A gunshot from Hayes struck Victim 3, who witnessed Hayes attempting to shoot Victim 2.

“Victim 3 was armed with a firearm that they are legally licensed to carry and intervened on the behalf of Victim 2 and numerous other civilians in the immediate area that were rendering aid to Victim 1 and/or stopped in traffic,” the news release said. “Victim 3 fired his firearm at Hayes as Hayes was pointing his firearm at Victim 2’s head. Hayes died on the scene.”

Victims 2 and 3 were treated for injuries at the scene and cooperated with police.

The police department does not expect to file any criminal charges, but anyone with information on the case was encouraged to contact Brownsburg police. Pyatt-Barrett’s phone is 317-852-1109, Ext. 2121.

Nelson said Tuesday that, to his knowledge, the homicides were the first in Brownsburg this year.

Crime Map