Posted on 05/03/2007 3:35:37 AM PDT by don-o
JOHNSON CITY - Nearly four months to the day after shooting and killing a city man in a busy shopping center, three Johnson City police officers were cleared of any wrongdoing in the incident.
After reviewing the final report from an investigation conducted by the Tennessee Bureau of Investigation, 1st Judicial District Attorney General Tony Clark announced Wednesday he will not seek criminal charges against the officers involved in the Jan. 3 shoot-out that claimed the life of Steven Rupard, 22.
Johnson City Police Department officers Sharrell Dykes and Charles Fobbs went to the Roan Centre parking lot, 1805 N. Roan St., that afternoon in an attempt to arrest Rupard for a parole violation out of Pennsylvania, where his underlying charges were simple assault and terroristic threats with the intent to terrorize another.
"When the officers pulled in, (Rupard) opened fire before they were even able to get out," Clark said. "One of the officers had just opened his door, and the other officer was still in his car. Rupard hit one police car multiple times including busting out the driver's door window after the officer exited his patrol car."
Dykes and Fobbs returned fire as they ran to take cover.
"We don't know if Mr. Rupard was struck at that point," Clark said. "He ran around to the back alleyway and was actually in some brush back there. Dykes went around and told him to put his gun down and to come out."
Officer Jeff Jenkins, along with his police K-9 Tigger, arrived seconds later and also ordered Rupard to drop his weapon and surrender.
"He cursed at both officers when they told him to put down the gun," Clark said. "He came out and pointed his gun at Dykes and then Jenkins."
According to reports, Jenkins released Tigger in an attempt to subdue Rupard's attack in a non-lethal manner, but Rupard continued to point his 9 mm handgun at the officers even as the K-9 was attacking him.
"At that point, the officers had no choice but to defend themselves by using deadly force," Clark said. "I really don't think the officers could have done anything different. He made statements previously that he would not be taken back to jail, that if he had to shoot it out with police officers, he would."
In all, 26 shell casings were found at the scene of the shoot-out, five of which matched Rupard's firearm. The other 21 casings matched the three officers' guns, officials said.
An autopsy report completed in March revealed Rupard had been shot seven times in the head and upper body. A bullet also struck the police K-9, which has since recovered from his injury.
"In firing at officers, Rupard was also firing in the direction of North Roan Street and anyone who might be in between. He placed the lives of the general public in danger when he chose to shoot in the direction of the officers," Clark said. "We are very lucky that no officers or innocent parties were harmed by Rupard's actions. I feel that if police did not act the way they did, a greater tragedy could have resulted."
On Wednesday, Johnson City Police Chief John Lowry echoed Clark's statements and said he was glad the TBI's investigation was complete.
"I felt confident at the onset that this is exactly how this would come out. The officers that were involved in this are very well-trained. They are veteran, seasoned officers," Lowry said.
"It's good though to have an independent organization come in and review all the facts. We're glad to see they looked at it the same way we did.
"Still, it's a no-win situation because everyone has to deal with the fact that this young man was killed. The officers have to carry that with them, and his family has to deal with the loss."
Rupard's family members in Pennsylvania spent much of Wednesday doing just that.
"I think everyone right now is just trying to come to terms with finding out what really did happen. It's like going through it all over again," said Rupard's stepmother, Cindy Rupard. "It appears that's what (Steven) wanted - he wanted them to shoot him.
"We can't blame the police officers for anything. We understand why they did what they did. It's just hard for us. We'll never know why he thought that way or what actually was going through his mind at the time. But we've just got to let it go now and let him rest in peace."
bump
Sometimes I question police conduct and agree that there should be investigations. In this case I’d like to know just what they were investigating. When a person shoots at an officer he forfeits his right to live. This guy seemed determined to get himself killed and the officers did us all a favor. My only criticism of the officers would be taking twenty-one shots to finish him.
Balderdash.
Quit shooting to reload. Then decide if you need to shoot more.
The article tells why the punk was being sought. Which has nothing to do with anything. He shot at the law. Case closed.
And the world is now a better place.
If death was the common outcome for people who act like this, maybe they would change their behavior. I also rejoice in the fact that a dead man can not cause harm to others. You are free to show compassion for his family and friends, but I will first choose compassion for those he can no longer harm.
People who say that about shooting the guy in the leg obviously never fire guns. at 10-15-20 yards, with a moving target firing back at you its a damn good shot just to hit the guy. These people should watch fewer movies and get some range time in.
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