An officer with the Jennings County Sheriff’s Office has been cleared in a shooting that resulted in the death of a Seymour man earlier this year.

Jennings County Prosecutor Brian Belding released his findings into the events that led to the death of 29-year-old Devin Corey Lark. He was shot during a struggle with Officer Cody Low in an incident that occurred Feb. 3 in Spencer Township in Jennings County, according to police reports.

Detectives from the Indiana State Police Versailles Post investigated the police-action shooting, and Belding said his review was to determine if the use of deadly force was in violation of Indiana law or was legally justified.

According to the court findings, Belding reviewed all investigative reports, including but not limited to police officer reports, witness statements, deputies body cam videos, diagrams, photographs, autopsy report, toxicology reports, Lark’s criminal history and other crime scene reports.

The string of incidents that led to Lark’s death started on May 6, 2021, when Lark was charged with six counts of burglary, two counts of theft, including one for auto theft, and two counts of battery resulting in bodily injury, according to court records.

Lark’s jury trial started Jan. 30 in Jennings Circuit Court. After the prosecution’s case had been presented, the court recessed for a short break before Lark’s attorneys were to present the defense’s case. Lark, however, did not appear back in the courtroom after the break, according to court records.

A Jennings Circuit Court warrant was then issued for Lark’s arrest Feb. 2. He also was wanted on a Clark County arrest warrant for dealing in a narcotic drug, issued on Jan. 30.

Detectives with the Jennings County Sheriff’s Office later received information about a possible location for Lark and that he possessed a firearm, according to court records.

Police were told Lark also made comments that he would shoot it out with police and was “not going to go down without a fight.”

Based on this and other information, Detective Ian McPherson with the Jennings County Sheriff’s Office made the decision to activate the department’s SWAT team to apprehend Lark.

Low and his K-9, Axel, were requested to accompany the SWAT team to a location on West County Road 175N in Jennings County due to Lark having previously fled from officers. Low and Sheriff Kenny Freeman led the SWAT team vehicles to the location.

As the officers arrived, Low observed Lark running toward the back of the property, police said. Low then left his patrol vehicle with Axel and gave chase.

As Low, who was wearing a body cam, exited his vehicle, he gave a loud verbal command to the effect, “Stop, sheriff’s office and K-9,” police said.

Lark continued to run, and Axel was deployed to assist in apprehension. During the chase and after giving Axel the apprehension command, Low reported he observed Axel bite Lark on the upper arm, which brought him to the ground on his back, according to court records.

As Low approached Lark, he saw him holding a firearm in his right hand, according to court records. As Low got closer, he drew his firearm and gave a loud verbal command for Lark to show his hands.

According to the court findings, due to the proximity, Low immediately grabbed the gun with his left hand to attempt to take control of the firearm, going to the ground with Lark.

Low continued to struggle with Lark to control the firearm as he ordered Lark to drop the gun.

Low said, “I am going … to kill you.”

Lark replied, “Kill me, kill me.”

Lark then grabbed Low’s left hand in attempt to remove his hand from his firearm.

Low said Lark was attempting to turn the firearm toward him due to the pressure against his hand as he was still struggling to take control of the firearm, according to findings.

Low said that in fear of his life, K-9 and other officers, he fired one round at the center mass area of Lark, striking him.

Lark then went limp, and Low removed the firearm and threw it away from them in the field.

The Jennings County Coroner’s Office later ruled Lark died from a gunshot wound to the chest with methamphetamine and fentanyl intoxication being contributing factors.

Belding said in the court findings that after considering all evidence, Low was justified in using deadly force in the defense of himself and other law enforcement, and no criminal liability will be on the part of Low.