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MONTGOMERY COUNTY, Ind. — Three weeks after Glenn Rightsell was shot and killed by an Indiana State Police trooper in Montgomery County, investigators have turned over a “preliminary investigative report” to the county prosecutor’s office.

Rightsell was shot by Trooper David Organ along U.S. 231 in Montgomery County. It happened in front of an abandoned Chevrolet Tahoe that Organ had tagged earlier in the day while on patrol.

Sgt. Kim Riley said in a press release when Organ circled back past the Tahoe a couple hours later he saw Rightsell parked in front of the Tahoe with the hood open.

“The trooper noticed a handgun on the waist of Mr. Rightsell as he pulled around behind the Tahoe and parked with his emergency lights and spotlight on,” Riley said in the release. “As the trooper approached from the driver’s side of the Tahoe, he identified himself as a law enforcement officer and gave verbal commands to Mr. Rightsell.”

Riley said Rightsell failed to comply with Organ’s commands and he said he saw Rightsell reach for his gun. That’s when Organ drew his weapon and fired at Rightsell hitting him once. Rightsell was pronounced dead at the scene.

Riley goes on to say in the release that the report submitted to prosecutors is still without a final autopsy report, which she says should take another several weeks to come back from the Montgomery County coroner. 

It’s now up to the prosecutor to decide whether or not any charges should be filed.