DA rules no criminal charges against officers in shooting death of parole fugitive

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DA rules no criminal charges to be filed in shooting death of parole fugitive (Photo: Salt Lake County Jail)

UPDATE: (Sept. 21, 2020) -- The U.S. Marshals Service clarified on Monday that the Salt Lake County District Attorney’s Office made no mention it had concerns with the Department of Justice’s body-worn camera policy.

The Marshals refuted DA Sim Gill's assertions and stated in a news release that the service was not provided an opportunity to clarify its body-worn camera policy. The Marshal's release stated:

Instead, DA Sim Gill reserved his comments for the public with what appears to be for political gain. The DA's office also promised to provide an advance copy of the press release to the USMS, and they neglected to do so. Moreover, the USMS found several false statements in Gill’s public comments, which we will address here. We will (1) correct the false statements Gill made publicly regarding the activities of USMS VFAST, (2) provide clarity on the Department of Justice (DOJ) policy regarding the use of BWC, and (3) repudiate errors and comments made to KSL/Deseret News Reporter Pat Reavy in his September 18, 2020 article titled Officers Justified in Shooting, Killing Fugitive and K-9.


ORIGINAL STORY - Sept. 18, 2020

The Salt Lake County District Attorney’s Office announced Friday that the shooting death of Brian Frances Filion on Feb. 13, 2020, does not warrant criminal charges.

After conducting an Officer Involved Critical Incident (OICI) review, the DA determined use of deadly force by a Herriman City police officer and a Department of Homeland Security Officer was justified.

(Click here or below to read the entire DA ruling.)

The DA's Office conducts independent reviews of officer-involved critical incidents, including police officers' use of deadly force used in the scope of police officers' official duties.

Due to the fact that there was not any body-worn camera footage to review, the information was given to the media in a press release and not a press conference.

Filion was a parole fugitive believed to be a suspect in a homicide in North Ogden that took place Feb. 8, 2020.

North Ogden City Police Department arrested other suspects for their connection to the homicide:

  • 32-year-old Ryan Joseph Dash
  • 28-year-old Brian Christopher Jenson of Brigham City
  • 38-year-old Angela Lynn Valdez of Ogden City

Police found 29-year-old, Dalton Wood, in the street at an apartment complex near 400 E. 300 South. Wood was transported to McKay-Dee Hospital, where he later died.

As Filion was leaving the apartment, officers from the strike team moved in and Filion took off running, according to Chief Deputy U.S. Marshal for Utah Brandon Holt.

Holt says the foot pursuit went into an alleyway when Filion pulled a gun and officers opened fire, striking and killing him.

Herriman Police K9 officer, Hondo, was shot and killed during the encounter. Officials have still yet to determined if Filion shot Hondo or if the dog was hit by police gunfire.