SALT LAKE CITY, Utah, March 12, 2021 (Gephardt Daily) — A West Valley police officer who fatally shot an armed parole fugitive in August was justified in using deadly force, but an officer who shot at the suspect beforehand was not legally justified, Salt Lake County District Attorney Sim Gill said Friday.
Gill told assembled reporters at a press conference that the DA’s office cannot yet determine whether to file a criminal charge against the second officer, Sgt. Vincent, because there is not enough information available.
The suspect, Damien Evans, 38, of West Valley City, was shot and killed during an operation by WVCPD working with the Violent Fugitive Apprehension Strike Force (VFAST) on Aug. 27, 2020, at about 5:15 p.m., the U.S. Marshals Service said at the time. The incident occurred near the Palmer Court Apartments at 999 S. Main St.
“At the time of the incident, officers were pursuing a violent parole fugitive wanted by the Utah Department of Corrections, Adult Probation and Parole Violation,” a statement at the time said. “The fugitive was wanted for absconding and had a lengthy criminal history, including several firearms charges by a prohibited person, drugs, felony, escape, and assault on a federal law enforcement officer.”
When officers located Evans standing by a car in a parking lot, he refused commands to stop and began to run, the statement said.
“Officers began to pursue in vehicles and on foot and deployed the use of a K-9 to stop the suspect,” the statement said.
As officers closed in they say they observed that the suspect had a firearm, and officers fired at and hit the suspect. He was declared deceased on scene.
More details on the case provided by Gill
Gill said this is an unusual case because the venue agency was the U.S. Marshals Service, it was a VFAST operation, the employing agency was WVCPD, and the investigating agency was the Unified Police Department.
“So we had three different agencies there on a task force action which was comprised of multiple officers, well in excess of 20 individuals who were part of that operation,” Gill said.
Gill said body-worn cameras are typically not worn by VFAST officers, because it is not their policy to have them, however, officials were able to get a Department of Public Safety helicopter video, as well as video from a business nearby and numerous civilian videos. Also, more than 25 individuals were interviewed as part of the investigation.
He said that immediately prior to the shooting, a U.S. Marshal drove toward Evans in his truck and allegedly saw him remove a handgun from his waistband and hold it in his right hand. The U.S. Marshal then broadcast on the radio that Evans had a gun. The suspect ran westbound, across Main Street and entered Fayette Avenue. He then ran into a parking lot.
As Sgt. Vincent ran after Evans through the parking lot, a shot was fired. Other officers believed Evans fired the shot, Gill said. It was subsequently determined that the gun Evans was carrying had a full 15 rounds in it, and that it was “improbable” he fired a round. Gill said Vincent fired a round from 25 to 50 yards away. He added that it may have been an accidental discharge, but that has not been verified.
“In a subsequent interview, a deputy said as he entered the parking lot, he saw Mr. Evans turn around and he heard a gunshot ring out at the same time,” Gill said.
The shot missed Evans and he continued to run.
“When the shot rang out, Mr. Evans is running through the parking lot, and he is not pointing his weapon at anybody,” Gill said. “We don’t know why Sgt. Vincent apparently decided shoot his gun during the incident, and there aren’t enough facts at present from which reasonable inferences can support a conclusion that Sgt. Vincent reasonably believed that he needed to use deadly force.”
Evans ran through the parking lot into an alley, Gill said; he then came to a wall and several fences. At this time, a K-9 was deployed who ran after Evans, and another officer, Officer Moore, followed. Video shows that the K-9 attached to Evans as he began to climb a fence. Moore then drew his weapon as Vincent arrived at the scene. Four other officers were immediately behind Vincent, Gill said. Another officer in a vehicle then drove down the alley.
The K-9 pulled Evans from the fence and an officer said that he saw Evans’ hand go to his pocket, where his firearm allegedly was. An officer reported that he saw Evans put the gun in his pocket before he started to climb the fence. Moore then shot Evans.
Officers then approached Evans with ballistic shields, as he still had his hand on the gun. Evans succumbed to his injuries and died at the scene.
Both Moore and Vincent refused to be interviewed following the shooting.
Vincent “did not elaborate or offer any other information” as to what prompted him to shoot, Gill said.
West Valley City Police Department released a statement addressing the findings Friday afternoon: “We have been made aware of the determination made by the Salt Lake County District Attorney regarding an officer-involved critical incident which occurred during an August 2020 United States Marshal Service Task Force Operation. The ruling released today applies specifically to two West Valley City Police Officers who were assisting the Marshal Service in this operation.
“We are currently reviewing the decision of the District Attorney’s Office. We are also in the process of an internal review of this incident. We look forward to completing this process in the near future.”
Gephardt Daily will have more on this developing story as information is made available.
