Jefferson deputy cleared in shooting incident near EIRMC
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IDAHO FALLS – Bonneville County Prosecutor Daniel Clark has released his findings in the shooting of a man near an Eastern Idaho Regional Medical Center parking lot last month.
The five-page release details what happened the morning of March 18 when 66-year-old David Alma Giles of St. Anthony died of a gunshot wound.
According to the release, Jefferson County Sheriff Capt. John Wolfe was dispatched to U.S. Highway 20 to a disturbance involving Giles, who was suffering with Alzheimer’s disease and/or dementia. Prior to police arriving, Giles was traveling in a vehicle to EIRMC for mental health treatment with his wife and others when he reportedly got out of the car in an agitated state.
Wolfe responded and allowed Giles to ride in the front seat of his patrol car, at the behest of his wife. Wolfe was attempting to establish a rapport with Giles, and his wife accompanied them in the rear passenger seat.
Giles was calm for most of the drive to Idaho Falls, according to the report, but he became more agitated as they approached the hospital.
Once they arrived near the hospital, Giles became combative, confrontational and belligerent toward his wife and Wolfe, according to the report.
“Capt. Wolfe exited the vehicle, had Mr. Giles’s wife exit the vehicle and then attempted to escort Mr. Giles to the hospital,” according to the report. “Mr. Giles fought with Capt. Wolfe, attempting to put his hands around Capt. Wolfe’s throat. Mr. Giles was pushed away back into the front passenger seat of the patrol vehicle. Mr. Giles grabbed Capt. Wolfe’s duty shotgun locked into place inside of the patrol vehicle and began pulling on it. Capt. Wolfe sprayed Mr. Giles with pepper spray and tried to pull Mr. Giles out of the vehicle.”
READ THE ENTIRE STATEMENT FROM BONNEVILLE COUNTY PROSECUTOR DANIEL CLARK HERE
The report shows Giles freed the shotgun from its locked placement, presumably because the lock holding the weapon in place failed. A round was already loaded into the chamber.
Giles came out of the patrol vehicle and the report states he pointed the shotgun at Wolfe. The deputy then grabbed the barrel of the gun and pushed the weapon away. At this point, the report states Giles pulled the barrel of the shotgun toward himself with his right hand near the shotgun’s trigger.
“Capt. Wolfe, knowing the gun had a round in the chamber and that his weapon was kept with the safety off, attempted to engage the safety on the weapon as they fought over control of the shotgun,” the report states. “At this time the shotgun fired.”
Investigators do not know if Giles intentionally fired the gun, but he was shot in the chest. CPR was administered and Giles was rushed into the emergency room, where he died.
After reviewing the case, Clark said there is no evidence Wolfe acted with any malicious or willful intent.
“Certainly there was recklessness and negligence in the handling of the shotgun – but that conduct was by Mr. Giles,” Clark wrote. “Any fault as it relates to the handling of the firearm must lie with Mr. Giles, and I see no culpability in Capt. Wolfe’s response to Mr. Giles’ conduct.”
Clark also addressed Giles riding in the front seat of Wolfe’s patrol vehicle.
“It is customary for those accused of committing crimes to be placed in ‘custody’ in the back seat of a patrol vehicle,” Clark wrote. “But for other transports, an officer’s judgment determines whether to allow a citizen to ride in the front seat.”
Clark said he does not find Wolfe’s conduct to be negligent or the cause of Giles’ death and he sees no criminal liability on the part of Wolfe.
He said the matter is closed.
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