The St. Joseph County Prosecutor’s Office has filed attempted murder and ten additional charges against 34-year-old Dustin Pate of Albion, Indiana, following a Jan. 19 incident that began as an attempted home invasion call and ended with a vehicle crash, foot chase, and the discharge of a police officer’s firearm.
According to investigators, St. Joseph County Police officers were dispatched to a residence for a reported attempted home invasion. When officers approached Pate near the home, he fled in a vehicle westbound on State Road 23. Police initiated a pursuit but stopped due to weather and hazardous road conditions.
A short time later, Pate reportedly crashed into another vehicle and then into a snowbank near the intersection of State Road 23 and Gumwood Road, where he fled on foot. Officers pursued and attempted to take him into custody. During the struggle, Pate allegedly disarmed Corporal Hannah Leda and fired one shot from her service weapon. Additional officers arrived, along with K-9 Roxy, and were able to recover the firearm and place Pate under arrest after continued resistance.
After reviewing the investigation, prosecutors charged Pate with two counts of Level 1 felony attempted murder, along with resisting law enforcement, disarming a law enforcement officer, battery by means of a deadly weapon, attempted residential entry, attempted auto theft, intimidation, striking a law enforcement animal, and failure to remain at the scene of an accident.
Sentencing guidelines for a Level 1 felony range from 20 to 40 years. Level 5 felonies carry one to six years, Level 6 felonies six months to two and a half years, while Class A and B misdemeanors carry maximum sentences of one year and six months, respectively.
Due to an interlocal agreement between St. Joseph County Police, Mishawaka Police, and South Bend Police, outside agency involvement is required any time an officer’s firearm is discharged. Mishawaka Police led the investigation in this case. Two officers were placed on administrative leave as part of standard protocol and are not under investigation.
