Powell officer cleared of wrongdoing in shooting

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CODY, Wyo. (AP) - A Powell police officer acted appropriately when he shot and injured an armed, fleeing man following a standoff last month, Park County Attorney Bryan Skoric said Wednesday.

The Wyoming Division of Criminal Investigation conducted a review of the incident at the request of the Powell Police Department. It forwarded its report to Skoric, who said the officer's actions were justified.

Powell Police Chief Tim Feathers said the department conducted its own investigation and found the officer's actions "to be objectively reasonable and consistent with all applicable laws, policies, procedures, rules and regulations."

Officer Kevin Schmidt will be returned to full duty immediately, Feathers said. Schmidt had been placed on administrative leave as a matter of policy during the investigation.

The shooting happened May 20 after police responded to a call from the wife of Justin L. Vaught, 29. The woman said Vaught was suicidal and armed with a loaded shotgun and pistol, according to a statement released by Skoric.

Vaught's wife said he had fired the pistol inside the home, and the round entered a neighboring residence.

After a nearly two-hour standoff, Vaught left his home armed with the pistol and got into his vehicle. He refused to comply with commands to keep his hands outside the vehicle window, Skoric said.

As Vaught attempted to drive away, Schmidt fired three rounds from a rifle, striking Vaught in the neck, right shoulder and right forearm, Skoric said.

Vaught was transported to a Powell hospital and later taken to a hospital in Billings, Mont., where he was treated and released.

Skoric said Vaught "appeared to be reaching for his weapon" when Schmidt fired the first shot, "and then handling his weapon" when Schmidt fired again.

Schmidt "was forced to make a split-second decision," and his actions were justified "based on the totality of the circumstances," Skoric said.

Skoric said the law allows an officer to use deadly force on a fleeing suspect "where an officer has probable cause to believe that a suspect poses a threat of serious physical harm" to an officer or others.

Vaught was arrested after being released from the hospital last week. He faces charges of reckless endangerment and interference with a peace officer. He remains in custody in the Park County jail.

Skoric said because a criminal investigation against Vaught is ongoing, police reports on the incident, including the DCI investigation, will not be released until after the conclusion of the case.

"That's also for the benefit of the defendant, so that he can receive a fair trial," Skoric said.

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