County attorney: lethal force justified

Sheriff’s department officers were justified in using lethal force to protect themselves and other officers from an Independence man in an April 27 incident, county attorney Larry Markle said today.

Ray Joseph Humphrey of Independence was killed by law enforcement officers after he fired at officers in a wooded area north of Liberty on the afternoon of April 27.

Markle said that after reviewing video of the shooting incident, he felt the officers were justified in using lethal force to stop Humphrey’s behaviors and actions, which Markle said, was escalating when officers arrived at the scene.

Markle made his decision based on the following facts:

• A police negotiator initially tried to talk Humphrey into giving up his weapon but that Humphrey indicated he was planning to take his own life and possibly harm officers..

• Cherryvale assistant police chief Perry Lambert then used non-lethal force through a taser weapon to stop Humphrey’s actions. Multiple non-lethal rounds were fired in a short time span. The non-lethal force did not have its desired effect as the taser projectiles did not attach to Humphrey’s body. Lambert also attempted to gain control of the situation through verbal commands.

• Humphrey then directed gunfire toward the officers. One round went through a pickup truck bed and would have struck Deputy Ralph Jones had the bullet’s trajectory been a few inches higher. Jones would have likely been killed by that bullet, Markle said.

• Deputy Ralph Jones and Undersheriff Troy Mackie then responded with lethal force in order to protect themselves and fellow officers, Markle said.

“In viewing the on-scene video, it is obvious that these men were in a situation that required immediate response with lethal force,” said Markle. “The totality of the circumstances clearly indicates that the officers involved were justified in their actions.”

May 12, 2011 · Posted in News  
    

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