Delventhal Law Office — Personal Injury Attorneys

NEWSMARION COUNTYSEPTEMBER 30, 2026

46-Year Sentence in Fatal 2025 Pursuit Crash at East Washington Street and Mitthoeffer Road in Indianapolis

By Chad E. DelventhalUpdated September 30, 20265 min read

An Indianapolis man has been sentenced to 46 years in prison for an April 2025 police pursuit that ended in a fatal crash at East Washington Street and Mitthoeffer Road on the city's east side. Marion County Prosecutor Ryan Mears announced the sentence on Monday, September 28, 2026, according to WISH-TV[1], WIBC[2], and FOX59[3].

The crash happened on Monday, April 14, 2025. WISH-TV, WIBC, FOX59, and Hoodline[4] reported that Kirk Gibson, 38, of Indianapolis, was driving a stolen Dodge Durango during a pursuit that began in New Castle and ran through Henry, Hancock, and Marion counties. The reporting states that Gibson reached speeds of up to 89 mph and struck a Ford Mustang and a BMW at East Washington Street and Mitthoeffer Road.

His passenger, Dewaun Hampton, 33, was ejected and killed. Occupants of the other vehicles were injured, but the reporting does not give a count or name them. The sources reached do not identify which police agency conducted the pursuit.

According to the reporting, Gibson was convicted this month of resisting law enforcement resulting in death, a Level 3 felony, along with three Level 5 counts and two Level 6 counts of resisting law enforcement and theft. He admitted a habitual offender enhancement. Of the 46-year sentence, 15 years relate to the enhancement and a probation violation. The criminal case is resolved.

Marion County courthouse exterior in Indianapolis, relevant to the criminal sentencing and possible civil proceedings discussed in the article.

What a criminal sentence means for a civil claim

A criminal conviction and a civil injury claim are separate. The criminal case punishes the offender. It does not compensate a family for the loss of a loved one or pay the medical bills of people hurt in the other vehicles. A conviction can be important evidence in a civil case, but civil deadlines keep running while the criminal case moves forward.

Most Indiana personal injury and wrongful death claims must be filed within two years under Indiana Code 34-11-2-4[5]. The applicable wrongful death statutes depend on the circumstances, including Indiana Code 34-23-1-1[6] and Indiana Code 34-23-1-2[7]. You can read more about a wrongful death claim and the evidence that may help prove an Indiana car accident claim.

Public court and crash-report records representing evidence that may matter after an Indianapolis police pursuit crash.

What should accident victims do next?

For people hurt in a crash like this one, an important step is identifying every available insurance policy. A driver fleeing police in a stolen vehicle may have no insurance, and the owner's policy may not cover a driver who took the vehicle without permission. Depending on the policy and facts, uninsured or underinsured motorist coverage on an injured person's own policy may provide a source of recovery. Delventhal Law Office's guide to uninsured-driver claims in Indiana explains the coverage questions that may arise.

Keep medical records and bills, obtain the crash report, and request available criminal case records. A police report is not a determination of civil liability, but it can help identify witnesses, vehicles, insurers, and other evidence. The firm's guide explains how to obtain an Indiana crash report.

Why location matters in Indiana injury claims

The crash happened at East Washington Street and Mitthoeffer Road in Indianapolis, Marion County, after a pursuit that crossed three counties. Where the injury occurred and where a defendant resides can affect where a civil action may be filed.

When a pursuit crosses several jurisdictions, more than one law enforcement agency may be involved. A claim against a city, county, town, or other political subdivision requires written notice within 180 days under Indiana Code 34-13-3-8[8]. A claim against the State requires notice within 270 days under Indiana Code 34-13-3-6[9]. Nothing in the reporting suggests that any agency did anything wrong, and this article does not suggest it. Those notice periods have passed for the April 14, 2025 crash, illustrating how government-claim deadlines can expire while a criminal case remains pending.

The general deadline for an Indiana personal injury lawsuit is two years under Indiana Code 34-11-2-4[5]. Indiana's comparative fault rule, Indiana Code 34-51-2-6[10], reduces a recovery by the claimant's share of fault and bars recovery when that share is greater than 50 percent. Indiana Code 9-25-4-5[11] sets minimum auto liability coverage at $25,000 per person and $50,000 per accident for bodily injury, plus $25,000 for property damage. Indiana Code 27-7-5-2[12] addresses uninsured and underinsured motorist coverage.

An Indianapolis arterial intersection illustrating the roadway and insurance issues that can follow a police pursuit crash in Marion County.

How Delventhal Law Office can help

Delventhal Law Office, LLC is a personal injury law firm in Fort Wayne, Indiana, founded by attorney Chad E. Delventhal in 2009. The firm handles car crash and wrongful death claims, including insurance and evidence issues that can follow a police pursuit. An attorney can obtain records, review available policies, and explain which deadlines apply without assuming that the criminal sentence decides the civil case.

If you or a family member was hurt by someone else's carelessness, you can request a free case evaluation with Delventhal Law Office.

This post is based on public reporting, the investigation may be ongoing, and nothing here is legal advice or creates an attorney-client relationship.

Sources

  1. WISH-TV (wishtv.com) ↩
  2. WIBC (wibc.com) ↩
  3. FOX59 (fox59.com) ↩
  4. Hoodline (hoodline.com) ↩
  5. Indiana Code 34-11-2-4 (iga.in.gov) ↩
  6. Indiana Code 34-23-1-1 (iga.in.gov) ↩
  7. Indiana Code 34-23-1-2 (iga.in.gov) ↩
  8. Indiana Code 34-13-3-8 (iga.in.gov) ↩
  9. Indiana Code 34-13-3-6 (iga.in.gov) ↩
  10. Indiana Code 34-51-2-6 (iga.in.gov) ↩
  11. Indiana Code 9-25-4-5 (iga.in.gov) ↩
  12. Indiana Code 27-7-5-2 (iga.in.gov) ↩

Working with Delventhal Law

Common questions

How fees work, deadlines that matter, and what to expect when you call.

  1. How much does it cost to hire Delventhal Law Office?

    There is no up-front cost. Personal-injury cases are handled on a contingency-fee basis: you pay nothing unless we recover compensation for you. The initial consultation is free and carries no obligation. Call (260) 484-6655 to talk through your situation.

  2. How long do I have to file a personal injury claim in Indiana?

    Indiana generally gives you two years from the date of injury to file a personal-injury lawsuit (Indiana Code § 34-11-2-4). Shorter deadlines can apply when a government entity is involved or in some workers' compensation matters. The sooner you call, the more options you have.

  3. What if I'm partly at fault for the accident?

    Indiana follows a modified comparative-fault rule (Indiana Code § 34-51-2-6). You can still recover compensation as long as you are not more than 50% at fault. Your recovery is reduced by your percentage of fault. Even if you think you share blame, call us — the insurance company's first assignment of fault is often wrong.

  4. Do I have to come into the office to meet with you?

    No. We meet clients by phone, video call, at their home, or at the hospital. The Delventhal Law Office is in downtown Fort Wayne, but most of our clients live across Indiana and we come to you when that's easier.

  5. How quickly should I call after an accident?

    As soon as you can. Evidence disappears fast — skid marks fade, surveillance video is overwritten, witnesses move on. Insurance adjusters also start calling within days. Talking to us before you give a recorded statement protects your claim.

  6. What kinds of cases does Delventhal Law handle?

    We represent injured plaintiffs in car, truck, motorcycle, bicycle, and pedestrian accidents; workers' compensation and on-the-job injuries; wrongful death; slip-and-fall and premises liability; birth injuries; burn injuries; and other personal-injury claims across Indiana.

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