In an afternoon news conference, the Marion County Prosecutor said he would seek enhanced charges against 25 year-old Major Davis, Junior.
Authorities say he fired an AK-47 at Officer Perry Renn and another police officer who were responding to a 'shots fired' call.
Prosecutors say while Indiana law allows them to seek the death penalty when a police officer is murdered, that decision hasn't been made yet.
Davis is now said to be in stable condition at an Indianapolis hospital. He was injured when Officer Renn returned fire in that shootout.