Prosecutor: No criminal liability in officer involved shooting - Spokane, North Idaho News & Weather KHQ.com

Prosecutor: No criminal liability in officer involved shooting

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UPDATE:The Spokane County Prosecutors Office has reviewed the case of the Officer Involved Shooting (OIS) incident on February 11, 2014 involving Spokane County deputies and Jed Zillmer. The incident occurred in the intersection of Indiana and Sullivan in Spokane Valley. The Prosecutor has determined there is no criminal liability for Spokane County Deputies Thurman, Walter, Hubbell, Hirzel, Moyer, and Watts.

The incident was investigated multiple local agencies. The Spokane Police Department was the managing agency in this investigation. The SIRR Team completed its investigation, which was forwarded to the Spokane County Prosecutors Office for review.

In his legal analysis, Deputy Prosecutor Driscoll concluded:

“The deputies were justified in their use of deadly force. Mr. Zillmer was heavily armed, wearing a bullet-proof vest, and repeatedly stated that he wanted to engage law enforcement and force them to shoot him, even stating that he would shoot civilians if law enforcement took too long. He was involved in a high speed pursuit on a heavily travelled interstate, endangering both the officers and others. He stopped in an area where there were many civilians, with access to a nearby shopping mall, as well as numerous law enforcement officers. Officers gave him numerous opportunities to end this peacefully. When shot, he appeared to the officers to be reaching with his left hand for a weapon inside his vest, while still holding a weapon in his right hand. A weapon was found in the vest area where he was seen reaching. Officers clearly had probable cause to believe Mr. Zillmer posed a threat of serious physical harm to officers and civilians alike. He was armed with a pistol that he refused to put down, had access to many others and stated an intent to use them if not stopped. Officers were acting in a good faith belief that their use of deadly force was justified, without malice or evil intent. No criminal liability attaches and no charges will be filed.”

PREVIOUS COVERAGE:
SPOKANE, Wash. - The Spokane County Sheriff’s Office is releasing the names of the deputies involved in the shooting incident that occurred at Sullivan and Indiana the night of February 11, 2014.

Deputy Brett Hubbell-14 year Sheriff’s Office veteran and SWAT Team Leader

Received a Certificate of Appreciation in 2010 for his professional work with a bank robbery investigation Sheriff’s Office Patrol Procedures lead instructor He’s received over 10 letters internally documenting his good work and professionalism. 3 years of previous law enforcement experience before joining SCSO

Deputy Jeff Thurman- 12 year Sheriff’s Office veteran and K9 handler with Laslo

Emergency Vehicle Operations and Control (EVOC) Lead Instructor and Subject Matter Expert for Pursuit Review Sheriff’s Office Field Training Officer Patrol Procedures Instructor Chief Tactical Flight Officer for SCSO Air 1 Received the 2013 National Tactical Flight Officer of the Year Award by the Airborne Law Enforcement Association Received a Certificate of Appreciation in 2010 for his professionalism and patience Received Certificates of Commendation in 2011 and 2012 for his excellent work He’s received over 15 letters internally documenting his good work and professionalism 6 years of previous law enforcement experience before joining SCSO

Deputy Dale Moyer-7 year Sheriff’s Office veteran and SWAT Team member

In 2011 he received the Sheriff’s Star Award for his excellent work and professionalism. Sheriff’s Office SWAT and Patrol Procedures Instructor He’s received 3 letters internally documenting his good work and professionalism. 12 years of previous law enforcement experience before joining SCSO Received a Life Saving Award for helping a suicidal female in Kootenai County Previous law enforcement instructor at North Idaho College Joint Agency Drug Task Force detective, Field Training Officer, Patrol Procedures Instructor and Citizens on Patrol Instructor for Kootenai County Veteran-U.S Army Active Duty/Reserve

Deputy Ryan Walter-7 year Sheriff’s Office veteran and SWAT Team member

He’s received over 10 letters internally documenting his good work and professionalism 2 years of previous law enforcement experience before joining SCSO

Deputy Brian Hirzel-5 year Sheriff’s Office veteran

17 years of previous law enforcement experience before joining SCSO

Deputy Randy Watts has been with the Sheriff’s Office for 10 months

Prior to joining SCSO, he served in the U.S. Navy Helicopter Systems Operator-Search and Rescue Swimmer Survival Evasion Resistance Escape (SERE) instructor with the Join Personnel Recover Agency

The SIRR Team’s investigation of the incident is ongoing. No additional information is available at this time.

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