UPDATE – David Brinker has been arrested and preliminarily charged with reckless homicide.
INDIANAPOLIS — The Marion County Prosecutor’s Office has filed a red flag petition against an Indy man who admitted to shooting and killing his wife but hadn’t filed charges as of Wednesday night.
The prosecutor’s office said it received IMPD’s investigation for the first time early Thursday morning and was reviewing it for a charging decision.
The petition stems from a deadly shooting of a 36-year-old Indianapolis woman that occurred early Monday morning on the city’s east side.
The Indianapolis Metropolitan Police Department said that just after 2 a.m. on March 6 they received a shots fired call, followed by multiple disturbance calls, in the 6000 block of Oak Avenue near the intersection of S. Arlington Avenue.
When IMPD crews arrived, court documents show they found a man standing next to a Chevy pickup truck parked in the middle of the street.
Next to the car, IMPD found a woman lying unresponsive in the street suffering from a gunshot wound to her chest/torso. Court documents show she was partially underneath the truck.
The woman, IMPD said, was pronounced dead at the scene. The Marion County Coroner later identified her as 36-year-old Dorothy Pulley (Brinker). IMPD ruled her death a homicide.
For more on Dorothy’s life, scroll below.
Court documents show that the man standing next to Pulley identified himself as her husband, 37-year-old David Brinker Jr., and that he was taken to IMPD’s Homicide Office for a statement.
Records show that Brinker then told police he got into an argument with his wife about her drinking and that he tried to stop her as she drove away in his truck.
“According to Mr. Brinker, who was armed with a handgun, the firearm discharged striking Ms. Pulley when Mr. Brinker was trying to reach into the partially open window to open the door and stop the truck,” court docs read.
IMPD detectives said Brinker repeatedly showed signs of suicidal thoughts after the shooting.
“Before, during and after the interview Mr. Brinker made repeated statements saying ‘It should have been me’ and ‘I don’t want to be here anymore,'” court docs show.
A neighbor of the Brinkers told IMPD she heard a gunshot and saw a white man standing outside her house next to a truck in the street. Court docs show the woman at first thought she saw a bag of groceries lying in the street, but called 911 after realizing it was a person.
Guns, evidence seized
After his interview, IMPD detectives seized Brinker’s sweatshirt and photographed his hands, which docs say were both stained with blood. Search warrants were also submitted for his truck and the couple’s home.
While searching Brinker’s home on Dewey Avenue, IMPD found and seized various firearms under Indiana’s Jake Laird Law, commonly referred to as a red flag law. According to court docs, those guns included:
- A Smith & Wesson 10-8 .38 caliber revolver
- A Remington 12-gauge shotgun
- A Mossberg 12-gauge shotgun
- A Connecticut Valley Arms UK .50 caliber rifle
- A Thompson Center Arms Thunderhawk .50 rifle
- A Ruger AR556 multi-caliber rifle, and
- A Smith & Wesson M&P 15 multi-caliber rifle
Documents say that detectives also seized “ammo cans containing various ammunition”.
No charges filed
IMPD detectives spoke with Marion County Deputy Prosecutor Matthew Bavender. Court documents show that Bavender declined to have Brinker arrested “at this time.”
“DPA Bavender is currently in a trial and will look at any submitted information at a later date.”
When asked for clarification on whether the case is still active and considered a homicide, IMPD Lt. Shane Foley said the investigation is active and that it is “counted as a criminal homicide (murder).”
FOX59/CBS4 is looking to obtain more information about the case.
Documents show that Brinker was released from police custody and taken to Eskenazi Hospital for chest pains. While at the hospital, docs say he became “passively combative.”
“As Mr. Brinker was being helped by medics, he had to be picked up off the ground and was continuing to yell about no longer wanting to be here. Mr. Brinker became passively combative, taking himself out of the straps and wailing his arms and legs around and rocking back and forth and side to side to the point that medics had to hold him down against the cot for his own safety.”Warrantless Firearm Seizure submission filed against David Brinker Jr.
As of 3:30 p.m. Wednesday, IMPD said that there are no updates in the homicide case. Police reiterated that the prosecutor’s office was consulted when the decision was made to not arrest Brinker.
A hearing date for the red flag seizure of Brinker’s firearms has been set for 10:30 a.m. on March 22. It will be held in the Community Justice Center and Brinker has been issued a summons.
Dorothy Pulley (Brinker)
Friends of Dorothy’s described her as a woman that had a kind soul and a contagious smile. Multiple friends of her’s said that she was “very happy”.
The 36-year-old woman and her husband David had been together for 12 years, her friends said. She had wanted a child for a long time and friends said that after several miscarriages she had a baby girl.
Dorothy’s daughter was named Debbie after her mom, friends said. She is now 6 months old.
Photos of Dorothy and the infectious smile friends described can be seen below:
All of the above photos are courtesy of three of Dorothy’s friends.