The district attorney for Salt Lake County declined to file felony rates towards a Utah police officer who reported, “You happen to be about to die, my mate,” seconds in advance of fatally shooting a gentleman.
District Attorney Sim Gill introduced his determination at a information convention on Thursday, stating West Valley City Sgt. Tyler Longman acted in just the confines of the regulation when he shot and killed Michael Chad Breinholt in August 2019.
Gill stated under the present point out legislation, Longman’s use of power was justified, but he termed video of the taking pictures “disturbing.”
“If you are inquiring me to get off my district lawyer hat, I can take it off. And I can say that, do I truly feel morally at ease in the way this finished up right here? That there ended up other methods that this could have been averted? Indeed,” Gill informed reporters. “If we want various results, which is not unreasonable for us to inquire, then we want to adjust the regulation.”
Breinholt’s mother, Susan Neese, informed NBC affiliate KSL of Salt Lake Metropolis that she’s nonetheless haunted by what occurred to her son.
“The mental distress he was in and to have individuals past words — ‘You’re about to die, my friend,’ — when he was plainly not amongst buddies or individuals who cared or were being worried, that haunts me and will haunt me forever,” stated.
Breinholt was killed in the city’s police station after he was arrested on suspicion of driving underneath the impact of alcoholic beverages. The incident began just just before 7 p.m. when a worker at an assisted dwelling facility identified as police to say Breinholt experienced arrived at the center intoxicated, Gill explained at the information meeting.
The employee told police that the center’s safety camera caught Breinholt erratically driving his girlfriend’s car or truck and almost crashing into other motor vehicles in the parking ton, according to Gill.
Two officers responded, a single currently being West Valley Town Officer Taylor Atkin, Gill said. When law enforcement arrived, Breinholt was strolling away from the facility. Gill said the officers done a DUI investigation, put Breinholt underneath arrest and took him to the police station for a blood check.
Breinholt, who was in handcuffs, was taken to a compact room in the station’s basement and purchased to sit in a chair. Gill stated officers requested him to choose a breathalyzer take a look at, but he refused.
The district attorney stated that though officers tried out to attain a search warrant for a blood exam, Longman arrived to aid.
At one position, Breinholt complained about not feeling well and asked to be taken to Huntsman Mental Well being Institute, Gill claimed, noting that professional medical staff examined him and identified absolutely nothing wrong.
According to the district attorney, Breinholt experimented with to get out of the chair and chewed “on the electrical power cord to the intoxilyzer device.” Breinholt also instructed police he experienced a gun in his shoe, but officers overlooked him due to the fact they experienced currently searched him.
Gill said that though handcuffed, Breinholt took off the shoe and picked it up. When an officer attempted to just take the shoe, Breinholt twisted in his seat and grabbed Atkin’s holstered weapon, according to the district attorney.
The officer yelled, “Holy f—. He is obtained my gun. He’s received my gun.”
A wrestle ensued involving several officers, including Longman. Gill stated the officers ended up unable to get rid of Breinholt’s hand from Atkin’s weapon.
In the course of the chaos, Longman hit Breinholt in the deal with and at 1 level is read on video clip indicating, “You are about to die, my mate,” right before taking pictures Breinholt in the head. Gill mentioned it was only 7 1/2 seconds among Longman moving into the home and firing his weapon.
“We consider that Sgt. Longman was confronted with a deadly power situation in which it appeared achievable unless Mr. Breinholt was stopped, he would not stop grabbing officer Atkin’s gun from his holster,” the district lawyer claimed.
Longman advised investigators he feared for his existence and listened to the “urgency” in Atkin’s voice as he struggled with Breinholt.
The West Valley City Law enforcement Department did not immediately return a request for comment on Friday. An legal professional for Longman also did not immediately return a request for comment.
A police spokesperson informed KSL the office was “delighted” with the district attorney’s determination.
“This decision provides to a near a challenging chapter for all included,” the spokesperson said. “We are grateful to our officers who diligently serve our neighborhood each day, and in the facial area of impossibly challenging choices, continuously do their best.”