Another officer had spotted the van with two occupants and attempted to stop it when the driver fled. Officer Toney joined the pursuit and chased the van until it crashed in a residential neighborhood. The driver then fled on foot with Officer Toney in pursuit.

   During the foot chase the suspect turned and fired several shots, one of which struck Officer Toney in the neck above his bullet-resistant vest. He was able to return fire once but did not hit the suspect. Officer Toney was transported to Wishard Memorial Hospital where he was pronounced dead.

   The 20-year-old suspect, who was on probation for burglary, was arrested in a nearby house early the next morning. He was subsequently found guilty by a jury of all charges.

   He was sentenced to death for murder, 20 years for unlawful possession of a firearm by a serious violent felon, and three years each for auto theft and resisting law enforcement.

   After his clemency petition was denied and all avenues of appeals were exhausted in both state and federal courts, he was executed on May 20, 2025 by lethal injection at the Indiana State Prison in Michigan City.

   In a plea agreement, a 20-year-old male passenger was sentenced to four years for assisting a criminal, two years for criminal trespass and one year for possession of a handgun without a license. He was released from prison in 2006.

   A 23-year-old male, who took part in the auto theft and whose house the shooter was found, was sentenced after a bench trial to three years for auto theft and one year for possession of a handgun without a license. He was released from prison in 2003.

   Officer Toney's incident occurred one day before his 32nd birthday. He was survived by his wife, 18-month and 4-year-old daughters, two brothers, sister and mother.

Read more on the execution of the offender, Benjamin Ritchie, in our News Release.