A former police officer's fatal shooting of a college student mistaken for a burglar did not amount to excessive force even though the student was so drunk he could barely stand up, an Indiana jury has ruled.

The jury's finding that the November 2003 shooting of Michael McKinney, a 21-year-old senior at Ball State University in Muncie, Ind., was objectively reasonable cleared Robert Duplain of liability in a case built on forensic evidence -– and the fiery advocacy of high-profile attorney Geoffrey Fieger.

Representing McKinney's father, Fieger had asked for $42 million in compensatory damages and another $25 million in punitive damages. The evidence, he argued to the jury, showed McKinney was “slaughtered” -- shot four times in the back and while face down on his knees.

The use of deadly force is only reasonable when a police officer “has probable cause to believe that the suspect poses a threat of death or serious physical harm to the officer or others.” Despite McKinney's highly intoxicated state -– he had a blood-alcohol level of 0.34 –- the jury apparently believed Duplain's testimony that McKinney charged toward him.

“I was in disbelief,” he testified. “I was in total disbelief that someone would charge me with my weapon pointed at them.”

Duplain, then a rookie with the Ball State police department, was one of several officers who responded to a burglary call at a home near the campus. The owner of the home, widow Jane Poole, had told the police dispatcher that a man was “pounding” on the door of her rear patio.

The case boiled down to what happened during the 29 seconds that elapsed between Duplain logging in as present at the scene and another officer reporting “shots fired” on his police radio.

When Duplain entered the backyard, McKinney, who had been out drinking with friends, was under a tulip tree about 20 feet from Poole’s back door. According to a neighbor, he was swaying in a side-to-side motion and “It looked like he could fall one way or the other.”

Plaintiff's forensic experts testified that Duplain fired the first two shots while McKinney was still at the tulip tree and had his back left side to the officer. The next two shots came in rapid succession, striking McKinney in the face and chest while he was collapsing.

Questioning Duplain on the witness stand, Fieger asked why he did not take the time to figure out that McKinney was simply a wobbly drunk and not a burglar. “He didn't give me that opportunity,” he testified.

“You didn't give him that opportunity,” Fieger countered.

“He had every opportunity to comply with my commands,” Duplain said.

“How many seconds did you give him before shooting?” Fieger asked. “Two seconds. One, two, dead. You're blaming him for that?”

Ultimately, the jury didn't blame Duplain for anything. “Tragedies happen every day without anyone being at fault,” his lawyer, John Kautzman, told the jury. “And bad things happen to good people.”

Duplain quit the Ball State police department in 2005 and moved back to his hometown near Canton, Ohio, where, he says, three other police agencies have refused to hire him because of the lawsuit.