COP CRIES WOLF, VIDEO SHOWS OTHERWISE 2007
A police shooting raises serious questions about deadly force. Three Salt Lake County Sheriff's deputies fired more than a dozen shots, injuring a car-theft suspect. The district attorney's office has ruled two of the deputies weren't justified in using deadly force. We obtained the reports from this investigation and got the dramatic video you'll only see on Eyewitness News. The shooting happened on January 16 after a traffic stop. The dash camera was rolling in one of the deputy's cars. It captured the events that unfolded. Two patrol cars are on the tail of a Dodge Durango. The two people inside are suspects in a car theft. So when deputies pull the vehicle over at 4500 South and 1300 East, they communicate caution. One deputy is heard saying, "High risk stop." You can hear a deputy order commands to the driver. "Driver, throw the keys out of the vehicle." He continues, "Get out of the vehicle." It's out of camera range, but the driver gets out of his vehicle with his hands up. "Keep your hands in the air. Turn around," a deputy said. A deputy yells to watch the passenger, who suddenly jumps into the driver's seat. You can see Deputy David Jensen run to the suspects' vehicle. The first three shots are from another deputy, who was aiming for the Durango's tires. The suspect, Joseph Blair, is hit once in the arm as he speeds away. Not long after that, police found him passed out behind a house, miles away in Salt Lake City. After the shooting, Deputy Jensen -- whose bullet hit Blair -- said the suspects' vehicle hit him. A third deputy, Alan Morley, shot at the suspect's windshield several times. He said he fired out of fear for his and Jensen's safety. But the Salt Lake County District Attorney's Office found this video didn't support the deputies' stories. Their report says, "The suspects' vehicle never moved before the first shots were fired, and it never veered toward or hit Deputy Jensen." But the investigation also found criminal charges against the officers would be tough to prove in court. The D.A. has decided not to pursue it. The Salt Lake County Sheriff's Office and the D.A.'s office declined to comment. The sheriff's office is still doing an internal investigation that will determine if any policies were violated. The deputies who fired their weapons are back on duty. The Salt Lake County District Attorney's Office has ruled two sheriff's deputies were not justified in using deadly force when they shot and wounded a theft suspect in January. But Distict Attorney Lohra Miller has declined to file charges. According to a D.A. investigative report, there is not a "reasonable likelihood" that Miller's office would persuade a jury to convict the officers of assault. The report concluded that deputies David Jensen and Alan J. Morley were not justified in shooting at Joseph Blair, who suffered a gunshot wound to his arm, on Jan. 16. Jensen and Morley gave accounts of the incident that were not supported by evidence, the report states. Investigators concluded a third deputy, Heath Lowry, who also fired his weapon, did not use deadly force because he was shooting only at a vehicle's back tire. All three deputies were placed on administrative leave following the shooting and have since returned to duty, said Lt. Paul Jaroscak, a sheriff's spokesman. The sheriff's office on Wednesday, however, declined to discuss whether any of the deputies have been disciplined. On Jan. 16, deputies pulled over a Dodge Durango carrying Joseph Blair and another man, who was driving near the intersection of 4500 South and State Street. The men were suspected of attempting to steal a car, according to the sheriff's office. When the driver got out of the SUV, as instructed by deputies, Blair jumped into the driver's seat and started the engine, according to accounts from deputies. Lowry fired the first three shots from behind the Durango. Lowry then fired one round from the front of the SUV before Jensen shot from the side of the SUV, striking Blair, according to investigators. Lowry fired a total of three shots, and Morley fired six shots, according to the D.A.'s report. It was unclear how many times Jensen shot. Jensen and other deputies claimed that Blair drove the SUV toward Jensen, causing Jensen to shoot, out of fear for his life. But investigators reviewing dashboard footage of the shooting concluded that Jensen shot before the SUV began moving, according to the D.A.'s report. Jensen initially told another deputy that the SUV struck him, and he filled out paperwork at St. Mark's Hospital indicating he suffered minor injuries from the collision. But investigators said there was no evidence the SUV ever hit him, according to the report. According to the D.A.'s report, Jensen, on his lawyer's advice, declined to be interviewed by police or D.A. investigators. Morley told investigators that he shot at Blair because the SUV was headed toward him and he feared for his life. But investigators said the vehicle was not moving in Morley's direction when he began firing. Lowry told investigators that he shot at Blair because the SUV was heading toward Jensen. But investigators concluded he was shooting to disable the vehicle rather than hit Blair. Four other deputies on the scene did not fire their guns, investigators said. One of those deputies, Rodney Moulder, told investigators that he was next to Jensen when Jensen began firing and did not believe Jensen was in danger, according to the D.A. report. Moulder, in fact, asked Jensen, "Why are we shooting, why are we shooting?" according to the report's summary of Moulder's interview with investigators. A deputy standing next to Lowry during the shooting said he also saw no reason for deputies to shoot at Blair "because there was not a threat that he could identify," according to the D.A.'s report. Miller's decision not to pursue charges against the deputies in the Jan. 16 shooting is reminiscent of her first controversial decision as district attorney. In January, shortly after taking office, Miller rankled her predecessor, David Yocom, by dropping a felony assault charge against a Granite School District police officer who shot and wounded an unarmed man during a foot chase in October 2004. In that case, Miller said she did not have enough evidence to prove the officer did not act in self-defense. But Yocom, noting the case against Lt. Todd Rasmussen had survived a preliminary hearing and was headed to trial, said a jury should have made that decision. Yocom, a Democrat, accused Miller, a Republican, of playing politics, given that her candidacy was supported by police organizations. Miller denied the charge. D.A. spokesman Robert Stott declined to comment on the Jan. 16 shooting because no charges were filed but said prosecutors must consider when officers are on the job when they decide whether to take a case to trial. "We can't say that the officer was justified under the law in using deadly force," Stott said. "On the other hand, we don't think we could win in a trial because we think the jury maybe would be swayed by the officer's circumstances."