Former cop gets probation for shooting at an off-duty Hammond cop while on patrol

A now-former St. John police officer got one year probation Thursday after pleading guilty to shooting at an off-duty Hammond officer on Nov. 29, 2022, records show.

Phillip Fabian, 34, pleaded guilty to criminal mischief, a class A misdemeanor. His sentence was laid out under the plea’s terms.

Judge Gina Jones accepted the plea and sentenced him Thursday, filings show.

Fabian quit the force on Feb. 6, 2023, and his resignation was approved the same day, according to meeting minutes from St. John’s safety board.

According to court records, the Hammond officer told Lake County detectives he’d gone to Cedar Lake to pick up a tool from a family member’s home before heading in for his 4 a.m. shift. He was driving north on Cline Avenue when he saw a St. John officer making what he thought was a traffic stop as he turned onto East 93rd Avenue, records said.

Seeing the car he thought the St. John officer had stopped, the Hammond officer told police he gave the St. John officer — Fabian — a wide berth but was casually observing the scene to make sure Fabian was OK, records said. He didn’t see anyone but then heard gunshots, according to court records.

Footage from Fabian’s body camera, meanwhile, showed Fabian inspecting a Saturn Outlook parked on the north side of the roadway, records said. He crossed to the south side of the roadway as the Hammond officer’s vehicle could be heard approaching, records said.

As Fabian turned toward the vehicle, the camera showed he drew his gun and fired, calling out on his radio, “St. John 38, shots fired — just had a car try to run me off the road,” records said. At no point was the Hammond officer’s vehicle heard accelerating, nor was it seen in Fabian’s dashcam footage as he unholstered his gun, the charging document said.

While the Hammond police officer’s car appeared to slow down as he approached Fabian investigating the Outlook, “At no point did Officer Fabian dive or move swiftly to get out of the way of the oncoming Jeep,” records said. “While watching the incident occur on both video and audio recorded devices, the sound of the oncoming Jeep’s tires and engine kept at a constant pace,” the documents said.

Fabian fired at the Hammond officer six or seven shots, records indicate. Detectives found bullet holes in the hood and one bullet hole in the lower part of the passenger-side windshield.