Delventhal Law Office — Personal Injury Attorneys

NEWSMARION COUNTYOCTOBER 14, 2026

Man Dies After Altercation at Gas Station at E. 38th Street and Mitthoeffer Road in Indianapolis

By Chad E. DelventhalUpdated October 14, 20263 min read

A man died after an altercation at a Marathon gas station at E. 38th Street and N. Mitthoeffer Road on the east side of Indianapolis on Monday, October 12, 2026. WRTV reported[1] that Indianapolis Metropolitan Police Department officers were dispatched just before 7:50 p.m. after an altercation involving at least two people.

According to WRTV, a man with traumatic injuries was taken to an area hospital, where he died shortly after arriving. The man has not been named. The report said the suspect fled, and no suspect description or arrest had been released. WISH-TV also published the WRTV report[2].

IMPD Homicide is investigating. Police have not said how the man was injured, and the cause of his death has not been publicly stated. No cited source reported facts about security at the station, and nothing presently reported establishes that anyone other than the person responsible for the altercation was at fault.

Intersection area at E. 38th Street and N. Mitthoeffer Road in Indianapolis, where police investigated a fatal altercation.

What families can do next

When someone is hurt or killed in a violent incident at a business, the first reports may leave important questions unanswered. Write down what you know while it is fresh, including times, locations, and the names of anyone who was present. Witness information can matter, and this guide explains how witness statements can help preserve facts.

Keep copies of hospital records, bills, funeral expenses, and paperwork from police or the coroner’s office. Ask the investigating agency how and when reports can be requested. Homicide investigations can take time, but families can begin organizing the records they already have.

Be careful about giving recorded statements to insurance companies before you understand your options. An insurer may ask questions while the investigation is still incomplete. You can review what to consider when an insurance adjuster requests a recorded statement or medical release.

Generic police, hospital, and coroner paperwork representing records families may organize after a fatal Indianapolis incident.

Why location matters in an Indiana claim

This incident happened at E. 38th Street and N. Mitthoeffer Road in Indianapolis, in Marion County. A civil case arising there would ordinarily be filed in Marion County or where a defendant is located.

Indiana’s wrongful death statute, Ind. Code 34-23-1-1, governs claims after a death, and claims generally must be filed within two years. Indiana’s general two-year limitations period for injury claims appears in Ind. Code 34-11-2-4. Under Indiana’s modified comparative fault rule, Ind. Code 34-51-2-6, an injured person whose fault is greater than 50 percent recovers nothing; otherwise, recovery is reduced by that person’s percentage of fault.

Those general rules do not decide responsibility for this incident. Fault and available claims depend on evidence, and the police investigation is still ongoing. Families seeking a broader explanation can read about Indiana wrongful death claims and the records that may matter.

Marion County civic building in Indianapolis, representing the local setting for legal proceedings connected with an incident in the county.

How Delventhal Law Office can help

Delventhal Law Office, LLC is a Fort Wayne personal injury law firm founded by attorney Chad E. Delventhal in 2009. The firm helps Indiana families understand injury and wrongful death claims, preserve available evidence, and identify deadlines that may apply. Insurance companies and other defendants may aggressively defend these cases, so careful preparation matters. No outcome can be promised.

If your family has questions after a fatal incident, you can request a free case evaluation.

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. WRTV reported (wrtv.com) ↩
  2. WISH-TV also published the WRTV report (wishtv.com) ↩

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.

Injured? Confused?

Call us today

(260) 484-6655
Call now260-484-6655Live Chat