Scribd Logo
Upload

Welcome to Scribd!

  • OICI Letter

    Uploaded by

    Jennifer Weaver
    17 views15 pages
    OICI Letter

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    OICI Letter

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    17 views15 pages

    OICI Letter

    Uploaded by

    Jennifer Weaver
    OICI Letter

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 15
    {children’s JUSTIOE GewTen Rolph Charmness SIM GILL Jetrey Witla Ho Chief Deputy DISTRICT ATTORNEY Chief Deputy ‘Ci Dion Justice Divan Usa Ashman Blake Nakamura Administ Chief Desuy Operations Justice Diviton September 4, 2020 Sheriff Rosie Rivera Chief Mike Brown Unified Police Dept. of Greater Salt Lake Salt Lake City Police Dept. 3365 South 900 West 475 South 300 East ‘Salt Lake City, Utah 84119 Salt Lake City, Utah 84114 Re: SLCPD Officers’ Use of Deadly Force Incident Location; 125 South, 300 East, Salt Lake City, Utah Incident Date: February 10, 2020 DA Case No.: 2020-197 UPD Case No,: 2020-15027 SLCPD Case No.: — 20-26288 Dear Sheriff Rivera and Chief Brown: This letter addresses the use of deadly force by Salt Lake City Police Department (“SLCPD”) Officer Kristopher Jepsen and Officer Hayden Cassity against Michael Tyson ‘Nance on February 10, 2020. SLCPD Officer Chad Miller also fired his weapon, but under different circumstances from Officer Jeppsen and Officer Cassity. Mr. Nance survived the injuries he sustained. Immediately prior to the officers’ use of deadly force, it is alleged Mr. Nance shot and killed Natalie Thurber inside an apartment as officers responded to a call for help. Also during the OICI, it is alleged that Mr. Nance shot and injured Officer Miller. On February 20, 2020, the Salt Lake County District Attomey’s Office, Sim Gill, Salt Lake County District Attorney, charged Mr. Nance with one count of Criminal Homicide, Aggravated Murder, a First Degree Felony; one count of Attempted Criminal Homicide, Aggravated Murder, a First Degree Felony; one count of Aggravated Kidnapping, a First Degree Felony; and one count of Aggravated Assault, a Third Degree Felony. Because Mr. Nance is charged with eriminal offenses arising from allegations related to the OICI, less than all the information obtained during the OICI protocol investigation (as outlined in more detail below) is set forth in this letter. All persons accused of wrongdoing are presumed innocent unless and until proven guilty in a court of law, ‘The officers’ actions resulting in Mr. Nance’s injuries constituted the “use of deadly force” and/or the “use of a dangerous weapon,” which is defined under Utah law as “a firearm or 35 Fast 500 South, Soi Lake City, Uteh 84111 Telephone 335.468.7600 - Fax 385.468.7736 - www cistictattomey sco.org SLCPD OICI September 4, 2020 Page 2 { object that in the manner of its use or intended use is capable of causing death or serious bodily injury.” Utah Code Ann, § 76-2-408(1)(a), (d). As a result, the law enforcement agency with jurisdiction over the officers’ conduct (in this case, SLCPD,) initiated what is known in Utah as the “Officer Involved Critical Incident” (“OIC”) Protocol. See Utah Code Ann, § 76-2- 408(2)-(3). Accordingly, an investigative task force of law enforcement officers employed by agencies other SLCPD—the agency employing Officer Jeppson and Officer Cassity—was called in to investigate the officers’ use of deadly force. After the investigation, the task force's investigative findings were presented to the Salt Lake County District Attomey’s Office (“DA's Office”), which has the constitutional and statutory mandate to screen such matters for possible criminal charges.' SUMMARY OF FACTS AND FINDINGS The following facts were developed from the OICI protocol investigation, Should additional or different facts subsequently come to light, the opinions and conclusions contained in this letter may likewise be different. ‘The following facts were developed from the OICI protocol investigation, Should. additional or different facts subsequently come to light, the opinions and conclusions contained in this letter may likewise be different, On February 10, 2020, at about 3:45 a.m., SLCPD dispatchers answered @ 911 call with no one on the Line, but they could hear a man and a woman in the background talking about a knife—the man saying I don’t want to kill you, something about not letting the woman leave, and other bits and pieces of a conversation, Dispatchers used technology to narrow down the location of the phone call and sent officers to the area of 115 South, 300 East in Salt Lake City, Utah, to investigate. Officers arrived in the area of two multi-story apartment buildings about five minutes after dispatchers recived the call. SLCPD Officer Jepsen got out of his patrol car and walked around the outside area of the apartment buildings, trying to ascertain which apartment unit the call for help was coming fiom. Officer Jeppsen saw a basement apartment interior light on heard what he later described as a quiet scream and gurgling from a woman inside the apartment. Officer Jeppsen heard a man tell the woman to be quiet, Officer Jepsen told police radio dispatchers that he believed he located the call for help and identified the specific address, Other officers headed to the location, Officer Jepsen said he could hear that the situation inside the apartment was getting worse. The man inside the apartment was saying: “Shut up, shut up” and the woman’s gurling continued. Officer Jenpsen drew his firearm and kicked the glass out of the apartment's window. Inside the apartment, Officer Jeppsen saw a man standing and a woman kneeling facing Officer Jeppsen. ‘The man had both arms around the woman and was “choking her out.” The woman Utah Const, Art, VIL, section 16; Utah Code Ann. §§ 17-182-203; see also id. at § 77-2-2(1) (defining “screening” 2s the “process used by a prosccating attomcy to terminate an investigative action, proceed with prosecution, move «o dismiss prosecution that has beon commenced, oF cause a prosecution to be diverted). “Commencement of prosecution” is further defined as “the filing of an information or an indictment.” id, at § 77-2-2(3). 35 East 500 Soul, Soll Loke City, UI 84111 Telephone 385.468.7400: Fax 385.468.7736 - www.cistrictatlomey sleo.crg SLCPD OICT September 4, 2020 Page 3 had her arms on the man’s arms trying to pull his arms away from her throat. Officer Jeppsen ordered the man to “drop it!” The man released the woman, said “Ok,” and backed up and around the comer of the room. The man was behind a wall separating the room from a hallway. ‘The woman looked at Officer Jeppsen and said: “Help.” SLCPD Officer Cassity and Officer Miller had acrived on seene and walked up behind Officer Jeppsen. As Officer Jeppsen looked and saw Officer Miller, he heard two pops and tured back to the apartment and saw the woman on the ground and not moving. Officer Jeppsen turned back and saw Officer Miller drop and grab his chest. Officer Jepsen looked back into the apartment and saw the muzzle of a gun appear around the comer of the wall behind which the man had gone. Officer Jeppsen aimed his weapon at the wall where he believed the man was located and fired his police weapon, When he stopped firing, Officer Jeppsen said he heard a man screaming When Officer Cassity arrived at the apartment building, he saw Officer Jeppsen and Officer Miller standing outside a basement apartment window. Officer Cassity heard two gunshots and saw officer Miller fall back and saw blood coming from underneath Officer Miller, Officer Cassity went to the window with Officer Jeppsen and heard another gunshot emanating from inside the apartment. Officer Cassity aimed his police weapon at the wall where he believed the gunshot came from and fired. Officer Miller survived his gunshot wound injury and was interviewed by protocol investigators. During his interview, Officer Miller said he did not fire his weapon during the incident. Investigators informed Officer Miller that their review of body-worn camera footage appeared to show Officer Miller fire one shot from his police firearm. Investigators also determined that Officer Miller’s weapon was down one round. It appears that Officer Miller was shot very close in time or contemporaneously with his weapon discharge. We don’t know whether being shot caused a sympathetic reaction or whether the trauma of being shot caused Officer Miller not to remember his weapon discharge, Mr. Nance was apprehended and treated for his gunshot wound injuries, He survived. On February 20, 2020, the D. A.’s Office charged Mr. Nance with one count of Criminal Homicide, Aggravated Murder, a First Degree Felony; one count of Attempted Criminal Homicide, Aggravated Murder, a First Degree Felony; one count of Aggravated Kidnapping, a First Degree Felony; and one count of Aggravated Assault, 2 Third Degree Felony. All persons accused of wrongdoing are presumed innocent unless and until proven guilty in a court of law. As we discuss in more detail below, we conclude that Officer Jeppsen and Officer Cassity reasonably believed deadly force was necessary to prevent their death or serious bodily and/or the death or serious bodily injury of others. Consequently, we find their use of deadly force to be justified, and each officer is entitled to the affirmative legal defense of justification under Utah State law. In other words, we believe Officer Jepsen and Officer Cassity likely would be able to successfully defend against criminal charges filed against them because each believed the “use of deadly foree [wa]s necessary to prevent death or serious bodily injury to the 35 East 500 South, Soll Lake City, UT 84111 Telephone 385.468, 7400 - Fax 385.466.7736 - www cisriclatlemey sico.org SLCPD OICI September 4, 2020 Page 4 officer or another person.” Utah Code Ann. § 76-2-404(1)(c). Because their use of deadly force meets the elements of the affirmative legal defense of justification, we decline to file criminal charges against Officer Jeppsen or Officer Cassity. For reasons outlined in more detail below, we also decline to file a criminal charge against Officer Miller for his weapon discharge. We believe Officer Miller's weapon discharge in the context of the facts of this incident does not implicate criminal charges against Officer Miller. We believe Officer Miller would likely successfully be able to assert the affirmative legal defense of justification if charges were filed against him. We believe the facts related to his involyement in the incident RELEVANT LEGAL STANDARDS As relevant here,” law enforcement officers such as the involved officers are legally justified in using deadly force when (see Utah Code Ann. § 76-2-404(1) (emphases added)); (b) effecting an arrest or preventing an escape from custody following an arrest, where the officer reasonably believes that deadly force is necessary to prevent the arrest from heing defeated by escape; and (i) the officer has probable cause to believe that the suspect has committed a felony offense involving the infliction or threatened infliction of death or serious bodily injury; or (ii) the officer has probable cause to believe the suspect poses a threat of leath or serious bodily injury to the officer or to others if apprehension is delayed; or (©) the officer reasonably believes that the use of deadly force is necessary to prevent death or serious bodily injury to the officer or another person, Based on this statute, the legal defense of justification, then, may be available where a law enforcement officer “reasonably believes that the use of deadly force is necessary to prevent * Also relevant, but less go given the involved officers’ status as law enforcement officers. is the articulation of “justification” in Utah State law that applics to individuals more generally, including civilians (see Utah Code § 76- 2-402(1) (emphases added)) person against another person's imminent use of unlawful force. (©) A person is justified in using force intended oF likely to cause death or serious bodily injury (i.e,

    You might also like