The Allen County Prosecutor announced today that he will not file criminal charges against a Fort Wayne officer in connection with the death of a pedestrian struck by his police vehicle. Indiana Public Broadcasting’s Ella Abbott reports on what state law allows and what officials believe fit the situation.
Henry Najdeski died April 22 after being struck by an unmarked police pick-up truck three days earlier. Fort Wayne Police Department Sergeant Joshua Hartup turned left onto Main Street from South Calhoun while Nadjeski was crossing in the crosswalk.
According to the prosecutor’s office, Hartup cooperated with the investigation and submitted to chemical testing, turned over his personal and city owned cell phones and provided statements and interviews.
Indiana does not have a negligent homicide law. Allen County Prosecutor Michael McAlexander said the charge they were primarily looking at was reckless homicide.
“The definition of ‘reckless’ has to be more than I think what the common perception of it is," he said. "So, you have to have a greater sense of recklessness.”
Toxicology tests showed no drugs or alcohol in Hartup’s system and neither of his cell phones were in use at the time of the crash.
The prosecutor’s office filed a Class A infraction, or traffic ticket, against Hartup for failure to yield to pedestrian causing bodily injury and his initial hearing is scheduled for August 29.
