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Man Involved In Officer-Involved Shooting To Appear In Court

Last updated on Tuesday, February 23, 2016

(HUNTINGBURG) - A Huntingburg man who triggered a standoff earlier this month and was wounded in an officer-involved shooting was booked into the Dubois County Security Center Monday on a warrant charging him with three felonies.

27-year-old Zachary Peek will appear in Dubois Circuit Court today to face a Level 5 felony count of intimidation with a deadly weapon and Level 6 felony counts of pointing a firearm and criminal recklessness. Following that appearance he is expected to be in Dubois Superior Court to answer to a misdemeanor charge of theft. According to court records on Jan. 16, Peek, who was an employee at Casey's General Store but who was off-duty at the time of the incident, stole $220 worth of lottery tickets.

According to a probable cause affidavit, Peek was shot by a police officer after he allegedly pointed a revolver-style gun at police officers.

Police later learned the gun was an air gun pistol with a long barrel.

The incident happened on February 2 at 2 p.m. when police received a Facebook message from Peek requesting they meet him at League Stadium.

Because of the nature of the message and previous incidents with Peek, Officer Tyler Stivers requested that a supervisor, Officer Tim Mullens, go with him to the meeting.

According to the probable cause affidavit, after arriving at the parking lot on the far east end of the park, Stivers and Mullens found Peek in front of a green truck pacing back and forth in front of the vehicle.

As officers approached Peek he said, "You're going to want to get back." Officers then noticed a handgun tucked into the waistband of Peek's pants.

Peek then alleged put his hand on the handle of the weapon and both officers then drew their weapons.

Officers then ordered Peek several times to put the weapon on the ground but he refused.

The probable cause affidavit says the two officer then backed away from Peek, requested assistance, retrieved their long rifles from their patrol cars and established a perimeter.

Detective Christian Gogel with the Huntingburg Police Department responded to the call for assistance.

Officers continued to try and de-escalate the situation, but those attempts were unsuccessful.

Peeks then pulled the weapon from his waistband, pointed it at the ground and started toward the officers.

Police then issued numerous commands to drop the weapon and to stop his advance.

"Mr. Peek responded with 'yeah this is going to end' and shortly after that statement he took a shooting stance, raised the weapon and pointed it at the officers," the affidavit states.

Stivers and Gogel each fired one shot at Peek, who appeared to have been hit by at least one round, the affidavit states.

Commands to drop the weapon were again given but court documents state Peek again leveled his weapon at officers, causing Stivers and Gogel to once more fire upon Peek. The officer were not injured.

Peek fell to the ground, allowing officers to approach, secure the weapon and render first aid. Peek was taken by ambulance to Memorial Hospital in Jasper. Where he was then taken by LifeFlight to an Evansville Hospital.

Indiana State Police crime scene investigators were then called to the scene and secured the weapon which was determined to be a BB gun.

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