Deseret Morning News
ROOSEVELT, Utah — A man who was fatally shot by a Roosevelt police officer in February was actively trying to run the officer down when he was killed, according to prosecutors.
Duchesne County Attorney Stephen Foote has ruled that Roosevelt police officer T.J. Bird was justified in using deadly force while trying to arrest Gary M. Wheeler following a brief vehicle pursuit.
“No charges will be filed against the officer,” Foote said Tuesday in a statement announcing his decision.
Bird was on patrol Feb. 17 when he spotted a broken window at Big O Tires about 5:30 a.m. and saw a pickup truck driven by Wheeler leaving the parking lot. A short chase ensued, with Wheeler ramming Bird’s marked patrol car, Foote said. The blow — a head-on hit — disabled the patrol car.
“When the suspect vehicle reversed to continue, the officer drew his weapon and rapidly approached the vehicle, which was spinning its tires on the ice at the edge of the road,” Foote said.
Bird opened the truck’s passenger door and ordered Wheeler out at gunpoint. The 44-year-old Magna man initially complied with the officer’s orders.
But as Bird walked around the front of the truck to take Wheeler into custody, Wheeler “jumped back into the vehicle and shifted it into four-wheel drive and accelerated, causing acceleration marks on the road,” the prosecutor said.
“The vehicle moved toward the officer,” he added.
Bird reacted by backing up and firing two shots — one through the windshield, which struck Wheeler in the upper torso, and the other through the open passenger-side door, which hit Wheeler below the ear lobe.
Emily Rose Williams was in the pickup truck at the time of the shooting. She was not injured.
Williams, 28, of Kearns, is charged in 8th District Court with aggravated burglary, a first-degree felony; theft, a second-degree felony; theft, a third-degree felony; and possession of drug paraphernalia, a class B misdemeanor.
Christopher John Haymond, 42, of Murray, is also charged with theft, a second-degree felony. Investigators believe Williams and Haymond were with Wheeler on Feb. 17 when he stole the pickup truck that was later involved in the police chase. They also believe Williams was in the truck with Wheeler when he burglarized Big O Tires in the neighboring town of Ballard.
Police said the Big O burglary netted Wheeler and Williams a small amount of money and a digital camera.
Williams and Haymond are due in court Thursday for status hearings.
Bird, who has been with the Roosevelt Police Department for about a year, was placed on administrative leave following the shooting. He was cleared earlier this week by a shooting review board comprised of officers from two outside law enforcement agencies, said Roosevelt Police Lt. Ben Lemmon. He will return to duty Friday.
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