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No charges filed in deadly crash involving Marion police officer, teen

Posted at 6:04 PM, May 25, 2018
and last updated 2018-05-25 18:13:14-04

MARION -- Indiana State Police say no charges will be filed in connection with a May 11 crash involving a Marion Police Department officer that killed an 18-year-old.

Indiana State Police say Officer Brian Davis, 45, was driving a Ford Fusion police car west on Third Street approaching Washington Street.  As Officer Davis' car approached the intersection,  a southbound Pontiac Grand Am driven by Payton Rodgers, 18, of Marion, pulled into its path. 

State police say evidence showed that the police car had its emergency lights and siren on, and that the officer also had the right of way with a green traffic light.

Investigators say the Pontiac proceeded into the intersection despite having a red light. 

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Payton Rogers was pronounced dead at the scene. Her passenger, Baleeve Gregory, 18, was flown to a Fort Wayne Hospital to be treated for a serious head injury. 

According to state police, Grant County Prosecutor James Luttrull Jr. determined that Officer David didn't commit any traffic infractions or criminal violations and did not drive his police car in a negligent manner, therefore no criminal charges will be filed in the case.

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