ALBION — The Kendallville man shot by police after allegedly pulling a gun and pointing it at a Kendallville police officer in a Nov. 22 incident has been formally charged.
Faustino J. Vasquez III, 28, was arrested at 3:47 p.m. Tuesday on charges of carrying a handgun after a domestic battery conviction with a prior felony conviction, a Level 5 felony; and pointing a firearm, a Level 6 felony.
A Level 5 felony is punishable by one to six years in prison, if convicted.
Vasquez was booked into the Noble County Jail where he was held without bond.
Vasquez had not previously been booked because he had been hospitalized since the Nov. 22 incident.
According to court documents, Kendallville Police Department Patrolman Doug Davis was conducting a follow-up contact in the 1800 block of Aspen Cove shortly before 8 a.m. on Nov. 22 when he came into contact with Vasquez.
A struggle ensued and at one point Davis saw Vasquez pull out a gun and start to point it at him, according to court documents. Davis told investigators “when he was pointing it at me is when I discharged my duty weapon.”
Davis told investigators “I felt like this guy wants to kill me and I felt in fear of my life.”
According to court documents, Davis shot Vasquez at least twice.
An investigation by the Indiana State Police and the Noble County Prosecuting Attorney’s Office found no wrong-doing on Davis’ part. An internal investigation by the Kendallville Police Department had a similar result.
According to court documents filed in the case, an investigator with the Indiana State Police was able to view Davis’ body-worn camera footage from the incident and determined that Vasquez had been carrying a gun during the Nov. 22 incident.
The Level 5 felony charge of carrying a handgun is based off a prior domestic battery conviction Vasquez faced in LaGrange County.
Vasquez was charged in LaGrange County with domestic battery, a Level 6 felony; and strangulation, a Level 6 felony, on Aug. 28, 2018. On Dec. 13, 2018, he pleaded guilty to a reduced charge of domestic battery, a Class A misdemeanor and maintaining a common nuisance, a Level 6 felony.