Indiana sheriff fires 2, demotes others after deputy's killing

Video shared with media captures the moments leading up to Marion County Sheriff Deputy John Durm’s death in July during what was supposed to be a routine inmate transport, but within minutes, became a brutally violent escape attempt.

On July 10, Durm was returning a detainee to the Adult Detention Center from a hospital visit when he was strangled to death just outside the transport van. The inmate charged with the strangling, identified as 34-year-old Orlando Mitchell, is accused of using his handcuffs to kill the deputy and stealing the jail wagon.

Court records state Mitchell crashed into a utility pole just outside the jail’s campus and was quickly taken into custody. He’s charged with murder, robbery resulting in serious bodily injury and escape.

The prosecutor is seeking the death penalty in the case.

Two deputies with the sheriff's office were fired last week during the ongoing investigation into Durm's death. Durm was with the sheriff's office for 38 years.

Initially, the sheriff's office intended to publicly release the video but a court order filed by Mitchell's attorney Aug. 30 prohibited the department from doing so.

Compiling footage from body cameras and surveillance cameras, the 14-minute video shows what court records have so far stated about what happened that day and the events that transpired earlier that morning.

The video begins at 9:03 a.m., when Durm escorted Mitchell from the jail's medical office to take him to Eskenazi Hospital via a jail wagon. Mitchell is seen following Durm in an orange jumpsuit and being outfitted with leg shackles and handcuffs attached to a belly chain, with the chain later being used to strangle Durm.

At 9:26 a.m., Durm and Mitchell arrive at the hospital. Mitchell was taken to a waiting room and while inside, hospital surveillance footage showed him sitting down, then touching and moving around his leg shackles. The video stated the shackles remained intact.

After the appointment, Durm returned with Mitchell to the jail wagon. At 11:13 a.m., the pair arrived back at the jail's sally port, similar to a garage. Durm is then seen opening the back door of the van and removing a milk crate. He then moved the crate to open the inner door of the transport van. As he turned to place the crate on the ground, Mitchell stepped out of the van and is seen lifting his hands above his head to bring the chain from his belly chain around Durm's neck.

The video states the two men fell to the ground during the struggle, and Mitchell continued to strangle Durm for the next two minutes until the deputy became unresponsive. At 11:17 a.m., with Durm blurred on the ground, Mitchell found a handcuff key, removed his handcuffs and got into the van.

The video then cuts to body camera footage from a Cumberland police officer transporting an inmate at the same moment the video said Mitchell gained control over the jail wagon. The officer's body camera showed him driving into the garage, then the van driven by Mitchell backing out of the parking space.

"What is...what the (expletive)," the officer is heard saying after the video said he saw Durm on the ground. "Jailer down in the sally port. Send help."

The Cumberland officer got out of his car and asks if Durm if he is OK.

Two deputies in a black Dodge Charger passed Mitchell as he drove out of the sallyport and smashed into a security gate. The video said one of the deputies tried to follow the van but was stopped by another closed security gate.

Mitchell crashed into a utility pole on Prospect Street, just outside the parking lot. He was taken into custody and brought back to Eskenazi Hospital for minor injuries.

As part of the presentation, the sheriff's office answered several questions about jail operations and staffing.

Q: Why was Deputy Durm in the sally port alone with Mitchell?

A: Due to chronic and acute understaffing, the practice of having only one deputy transport an inmate had become standard.

Q: How short-staffed is the sheriff's office?

A: The sheriff's office is short 75 detention deputies and 75 deputies.

Q: Was another deputy supposed to meet Durm at the sally port?

A: No such arrangements were made.

Q: Was anyone watching the cameras in real-time during the attack?

A: Yes.

Sheriff Kerry Forestal said someone was tasked with watching surveillance cameras at the time, though no action has been taken against the employee as of Wednesday. Forestal further said there are about 80 views of the sally port, and one person may be watching "26 or 27 cameras simultaneously."

"And at the same time, on a smaller screen, this may have been happening between the vans," alluding to the strangling.

Q: At what time and point ... did other deputies notice there was an altercation?

A: After Durm was discovered by a Cumberland police officer.

Q: At what time and point of altercation did the deputies respond to the sally port?

A: Immediately upon notification by the Cumberland police officer that there had been an attack. The officer was arriving with a detainee at the same time Mitchell took control of the van and drove away, shortly before 11:20 a.m.

Q: What disciplinary actions were taken after the (killing)?

A: A high-level rotation of senior staff within the Adult Detention Center occurred Aug. 19, 2023. This included one senior-level demotion from major to captain. The purpose was to get "fresh eyes of perspective" on operations to correct or remediate any complacency or substandard practices that may occur. On Aug. 23, two deputies were terminated for substandard performance on July 10 ... those two deputies were Steve Monday and Danielle Knight. A captain in the Adult Detention Center Medical was demoted to lieutenant and transferred to another assignment.

Q: How are (detainees) cuffed during transportation?

A: (Detainees) leaving the detention center are transported with handcuffs, belly chain and leg shackles.

Q: How old were the handcuffs used for Mitchell's transport?

A: It is impossible to determine.

Q: Was Mitchell wearing a belly chain and did the handcuffs or belly chain malfunction?

A: Yes, he was wearing a chain. No, the assumption is that he slipped (the belly chain) off.

Q: Are (detainees') hands and feet attached to each other with a chain?

A: No.

Q: Were both sally port doors closed at the time of the attack?

A: No.

Q: How many people are in the Adult Detention Center awaiting trial for murder?

A: As of Aug. 30, there were 196 people awaiting trial for murder.

Forestal emphasized that while the problems with understaffing and “complacency” are not solely to blame in Durm’s death, the issues “played a role” in setting the stage for the attack.

He said the office made the following changes to its policies many of which pertaining to jail transport. The policies were put into effect July 10.

Contact reporter Sarah Nelson at 317-503-7514 or [email protected]