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Docs: Ice cream truck driver shot and killed man after argument at gas station parking lot

Indianapolis Metropolitan Police Department was called to a report of a person shot shortly before 11 p.m. Thursday to 9950 E. 38th St. That's the address for a Marathon Gas station at Mitthoeffer Road. (WISH Photo/Kyle Fisher)

INDIANAPOLIS (WISH) — Investigators have arrested an ice cream truck driver accused of shooting and killing a man after a confrontation in a gas station parking lot.

Indianapolis Metropolitan Police Department officers have arrested Darius Butts, 42, for the murder of Desmond Banks, 32. According to investigators, Butts confronted and fatally shot Banks at the Marathon Gas Station at 9950 E. 38th St. on the night of June 9.

Around 10:46 p.m., surveillance from the gas station shows a white ice cream truck, driven by Butts, striking and damaging a Chevrolet Camaro. Butts got out of the ice cream truck to assess the damage. Banks got out of his vehicle, also to assess the damage of the Camaro.

Investigators say that video shows Butts and Banks conversing before Butts pulls a gun from his pocket and shoots Banks several times. Banks then fled the scene in the ice cream truck.

At 10:57 p.m., IMPD officers were dispatched to the gas station, where they found Banks with gunshot wounds next to the Camaro. He was pronounced deceased by medics.

While officers were investigating the scene, Butts returned to the gas station at 12:02 a.m., where he told officers that he shot Banks. When Butts was brought in for questioning, a statement was unable to be taken due to Butts being intoxicated and angry.

On June 10, an anonymous tip revealed the location of the ice cream truck Butts drove at the scene of the crime. After a search warrant of the truck was granted, a pistol was recovered from the truck’s floorboard by the driver’s seat.

An initial hearing for Butts is scheduled for Wednesday.

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