| Inquiry finds
troopers fired
in self-defense
By David Hedges, Publisher
www.thetimesrecord.net
State Police who shot and killed a Spencer man following a four-hour standoff were acting in self-defense, an internal police investigation has determined.
Brian Keith Batten, 33, was fatally wounded Oct. 26. The incident occurred in a wooded area behind the home of his mother, Linda Miller, at 2709 Arnoldsburg Rd.
Sgt. D.E. Fluharty II, State Police district commander, conducted the investigation and made the findings public this week.
He said police fired at least a dozen rounds at Batten, striking him three times. He said Batten, who did not fire at the officers, had pointed his shotgun at officers after being told to drop the weapon.
"The two troopers who fired acted in self-defense," Fluharty said.
He said both officers were members of a State Police special response team.
Canine handler Sgt. J.M. Pack fired eight rounds from a .45 caliber handgun, Fluharty said, while Cpl. R.D. Arthur, working as a cover unit for Pack, fired his .223 caliber rifle four to six times. The rifle jammed, Fluharty said, and the exact number of rounds fired was not known.
"We used a metal detector, but we did not find all the shell casings," Fluharty said. "It's some pretty rough country back there."
Fluharty said Batten was struck three times, once each in the chest, left arm and left leg. Fragments from a .223 caliber were recovered from Batten's chest and arm, he said. No fragments were recovered from his leg.
The officers involved in the shooting initially were placed on administrative leave, but have since returned to work.
The standoff began around 1 p.m. when Batten got into a confrontation with his mother over a vehicle and she called police.
"He wanted a vehicle, and she wouldn't let him have it," Fluharty said.
Members of the Roane Sheriff's Dept. responded first and were later joined by DNR and State Police officers from the local detachment.
Police said Batten climbed onto a rocky embankment behind his mother's house. He reportedly was armed with a 20-gauge shotgun and threatened to shoot anyone who came near him.
Batten fired the shotgun twice during the afternoon, Fluharty said.
"He wasn't firing at anybody as far as we know," Fluharty said.
Officers spoke with Batten face to face at first, and by cell phone as he made his way deeper into the woods.
Batten told police that one of the shotgun blasts was a suicide attempt, but he flinched and only grazed his neck. Fluharty said there were no marks on Batten to indicate his neck was grazed.
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