Prosecutor's Office: SPD Officer justified in September 2017 sho - Spokane, North Idaho News & Weather KHQ.com

Prosecutor's Office: SPD Officer justified in September 2017 shooting

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SPOKANE, Wash. -

The Spokane County Prosecutor's Office has determined a Spokane Police Officer was justified when he shot a fugitive in September 2017. 

According to the Prosecutor's Office, Spokane Police spotted 25-year-old Antonio Davis  in the early morning hours of September 18, 2017. Davis was wanted out of Reno Nevada for numerous charges, including assault with a deadly weapon, and was a suspect in an unsolved murder. The bulletin from Reno stated Davis was an "officer safety hazard." 

Spokane Police officers recognized Davis early that morning, called out to him and told him he was under arrest. Davis ignored the officers, jumped into a nearby car and fled the area. Following a pursuit, Davis crashed the car and took off on foot. 

Officers Seitz and McMurtrey caught up to Davis and ordered him to show his hands and get on the ground. Officer McMurtrey can heard yelling "Stop or I'll shoot you," in body camera footage released on Wednesday. At a press conference on Wednesday, Spokane Police said Officer Seitz's body camera was not rolling at the time of the shooting. 

The Prosecutor's Office says Davis ignored the command and charged toward Officer Seitz with his right hand concealed. 

"In fear for his own and Officer McMurtrey's safety, Seitz fired his firearm two times at Davis, who went to the ground with a wound to his right bicep," the Prosecutor's Office said in a release. 

Davis was taken to the hospital with non-life-threatening injuries. He was treated, released and then booked into jail. Davis was found to not be armed at the time of the shooting. A 9mm handgun was found in the alley and the car Davis was driving. 

"There is no indication Officer Seitz acted out of malice or lacked good faith belief in the correctness of his actions," the Prosecutor's Office said. "Therefore, no criminal liability attaches and no criminal charges will be filed against Officer Seitz." 

 

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