Erick N. Wilkinson, 21, Greenfield
HANCOCK COUNTY — The details of the tragic shooting death of Evan Neumeister played out in Hancock County Superior Court 1 this week with no resolution for the families following a hung jury.
The Greenfield man accused of an unintentional shooting that killed Evan, 18, New Palestine, on Nov. 22, 2023, had his trial this week under the supervision of Judge D.J. Davis.
“Everyone knows this is a sad situation,” Judge Davis said prior to closing statements by both sides in the case.
Erick N. Wilkinson, 21, 800 block of CR East 400S, Greenfield had been charged with a Level 5 felony count of reckless homicide after Evan died following the shooting that officials say Wilkinson is responsible for.
The jury got the case at 12:23 p.m. Friday afternoon but was unable to reach a conclusion after an hour of deliberation and reached out to Judge Davis around 1:23 p.m. The jury told Judge Davis they were at an impasse and could not settle the matter, but the judge told the jury to look at the evidence again.
After a total of three hours and 10 minutes of deliberations, Judge Davis was informed at 3:35 p.m. that the jury could not reach a verdict and that no amount of time was going to change their decision, so he called the case.
“This is the first time I’ve ever had a jury not be able to reach a verdict in my court and I apologize,” Judge Davis said to the families.
The trial started Tuesday with the selection of a jury, and testimony continued through the week prior to the jury getting the case.
An interrogation video of Wilkinson recorded shortly after the shooting was shown Thursday while Wilkinson sat at the defense table, sometimes looking down as the video played for the jury. The video showed police interviewing Wilkinson, asking him what happened on the night Evan lost his life.
“I chambered it — I wasn’t paying attention and fired it,” Wilkinson said in the video. “I wasn’t paying attention and it fired … I don’t think I was messing with the trigger. It was more me being dumb and I accidentally fired.”
Wilkinson said he had been removing the magazine and manipulating the slide on the firearm prior to the shooting.
During closing statements, Chief Deputy Prosecutor Aimee Herring told the jury when they come back with a verdict they could not bring Evan with them, “but you can hold the defendant accountable,” she said.
Herring went on to tell the jury the shooting was not about Wilkinson’s intent — everyone knows he didn’t intend to shoot and kill Evan — but that it was Wilkinson’s “reckless actions” with the gun that led directly to Evan’s death.
“He (Wilkinson) was showing off his new gun,” Herring said. “His behavior was careless and thoughtless. There are no winners in this case.”
Public defender Jeremy Teipen told the jury during his closing statement that the state was playing on their emotions surrounding Evan’s death.
“At the end of the day, this is a tragic accident,” Teipen said. “It’s a tragedy and not a crime. He (Wilkinson) did not intend this action.”
Evan, who was a New Palestine High School (NPHS) senior, was shot and killed by Wilkinson while the two and another teen, a 17-year-old juvenile, were hanging out in the 4200 block of South Eclipse Way, New Palestine, on Nov. 22, 2023. Officials noted that, on that date, they were called to the residence with reports of a shooting. Once there, law enforcement found Evan with a gunshot wound to the chest.
Officers rendered first aid until officials from the Sugar Creek Township Fire Department arrived. Evan was transported to I.U. Health Methodist Hospital where he was later pronounced deceased. The 9mm handgun in the shooting belonged to Wilkinson, officials said.
According to a probable cause affidavit and court proceedings, the three friends were hanging out in the 17-year-old’s bedroom. Wilkinson just got the new gun, he told his friends, and he had it with him.
The 17-year-old juvenile told officials and the court that both Wilkinson, who was 20 at the time of the shooting, and Evan were on his bed, and Evan was looking at his phone. The juvenile said he was getting his laundry picked up in his room when he heard a “big bang” and realized Evan had been shot. He told officials he picked up his phone and called 911. He also told officials Wilkinson took his shirt off and placed it on Evan’s wound.
The affidavit stated that the 17-year-old juvenile and Wilkinson tried to give Evan CPR and that Wilkinson was very upset over what had happened.
According to the affidavit, Wilkinson told officials he put the magazine back into the firearm and then released the slide, which would put a round in the chamber. Wilkinson said his finger must have been on the trigger and the gun somehow fired.
Evan died the night before Thanksgiving and just one day after he had turned 18 years old. Evan’s family members who attended the trial told the Daily Reporter they felt it was important for Wilkinson to take responsibility for his actions and realize it was his reckless behavior that took Evan’s life.
Herring noted the state will take some time, possibly several months, and talk with the victim’s family before making a determination on if the state will retry the case. The court will hold a pre-trial conference to determine what happens next at 8:45 a.m. Wednesday, Jan. 8.
In the meantime, Wilkinson, who has been free on bond after spending nine days in jail following his initial arrest will remain free.
