Officers won't be charged in July 2005 shooting of suspect

Tuesday, January 31, 2006

No charges will be made against officers involved in the July 21, 2005, shooting death of Darren E. Wallace.

Vernon County Prosecutor Lynn M. Ewing III announced this morning that the investigation has been concluded and provided the following information relating to the events of that night.

Wallace, 33, was shot and killed by a Nevada police officer that July evening, in an incident that begain when another Nevada police officer attempted to stop a truck because a headlight was not working. The truck sped away from the officer and left the city limits of Nevada. The officer discontinued the pursuit.

Shortly thereafter, a local citizen who had witnessed the officer's attempt to stop the truck notified the police that the truck had come back into the city and was seen in the area of the Days Inn motel. Two officers responded. The truck was not found at the Days Inn and the officer involved in the initial pursuit decided to check the parking lot of the Super 8 Motel, next door. As the officer headed into the parking lot he was met head on by the truck. Wallace was driving the truck. He accelerated in reverse away from the officer to the parking lot on the north side of the Super 8 Motel.

The second Nevada police officer followed the first officer into the north parking lot. Each officer positioned his police car facing Wallace's truck. Wallace's truck was facing the officer's cars. The second officer exited his car, drew his weapon and ordered the driver to stop and to put his hands up where the officer could see them.

Wallace gunned his engine, spun his tires and accelerated toward the second officer, who was then positioned between the two police cars. The officer back-pedaled and ordered Wallace to stop, but Wallace did not stop and the second officer fired at the driver, striking him through the left arm and chest as the left front corner of the truck struck the officer. The truck then veered slightly and brushed the officer as he fired additional shots that penetrated the driver's door and struck Mr. Wallace in the left leg.

The officer involved in the initial pursuit did not fire his weapon, according to information uncovered in the ensuing investigation.

This officer-involved shooting was investigated by the Missouri State Highway Patrol at the request of Nevada Police Chief Christine Keim. The highway patrol was assisted in the investigation by the Vernon County Sheriff's Office.

An autopsy was also performed on Wallace by a pathologist in the Greene County Medical Examiner's Office in Springfield, Mo.

The autopsy revealed that the wounds to Wallace's leg were non-lethal. One of the shots fired by the officer through the front windshield as the truck struck the officer, resulted in a fatal wound to the chest.

Ewing said he has reviewed the matter to determine if the Nevada police officer should be charged criminally for the death of Wallace and has determined that the officer's use of force was justified, and that no criminal charges will be filed. According to Ewing, Wallace had several choices he could have made, other than his decision to drive his car toward and strike the officer. He could have stayed put as instructed by the officer, he could have backed awa, or he could have driven around the officers either to the left or the right.

"The results of this incident are devastating for Mr. Wallace and for his family. It is a tragic result, but Mr. Wallace's actions left the officer with no choice -- and with the right -- but to take the action he did to defend himself," Ewing said.

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