Madison Co. investigation reveals police shooting was justified
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REXBURG — The Madison County Prosecutor’s Office has released a full report about a shooting involving a Rexburg police officer and a robbery suspect.
Investigators say they found no negligent actions by the law enforcement officers involved in the incident on January 24.
EastIdahoNews.com received a detailed report from the prosecutor’s office Friday afternoon concerning the shooting.
Here is that report:
On January 24, 2015, at approximately 4:49 p.m., Madison County 911 center received a call from a Walgreens customer reporting an armed robbery at the Walgreens Pharmacy, located at 164 East Main Street, Rexburg, Madison County, Idaho. Rexburg City Police Officers and a Madison County Sheriff’s Deputy responded.
At approximately 4:51 p.m., as Rexburg City Police Officers responded in marked Rexburg City Police vehicles, with emergency lights activated, the Officers saw a male matching the description of the armed robbery suspect walking towards them westbound on the sidewalk on the south side of East Main Street near Key Bank, 110 East Main Street. As the officers approached the suspect, he turned and walked southbound through the Key Bank drive thru. The male suspect was later identified as Darryl Kurt Myler, DOB 09/14/1973.
The Officers advanced on foot into the drive-thru approaching Myler while verbal commands were being given by two of the officers. Myler did not respond to any commands and continued walking southbound towards the alley. Officers were telling Myler to stop, stop what he was doing, show his hands, and that he was under arrest. The Madison County Sheriff’s Deputy arrived and advanced on foot into the drive thru also.
Myler was concealing his right hand inside his jacket, supporting his right hand with his left hand. Myler stopped and turned toward the Officers pulling his pistol from his jacket with his right hand and moving into a shooting stance.
At approximately 4:52 p.m., Officers broadcast over the police radio that shots were fired. Shots were fired by Myler, the Rexburg Police Officers and the Madison County Sheriff’s Deputy. Myler fell to the ground and Officers handcuffed Myler and immediately began emergency medical care for Myler.
Myler was transported to Madison Memorial Hospital by ambulance where he was pronounced deceased in the emergency room at approximately 5:42 p.m.
The Eastern Idaho Critical Incident Response Team, led by the Idaho State Police, with the assistance of investigators from the Bonneville County Sheriff’s Office, the Idaho Falls Police Department and the Bingham County Sheriff’s Office, conducted the Officer involved shooting investigation which normally occurs after this type of incident. A report of their investigation has been submitted to the Madison County Prosecutor’s Office.
After review of the extensive and thorough investigation, the Madison County Prosecutor’s Office agrees with and hereby adopts the findings and conclusions of that investigation which are as follows:
“Officers from the Rexburg Police Department and the Madison County Sheriff’s Office responded to a call of an armed robbery at the Walgreens Pharmacy located at 146 East Main Street, Rexburg, Madison County, Idaho.
Officers located and confronted Darryl Kurt Myler, the armed robbery suspect, at the Key Bank drive-thru located at 110 East Main Street.
Myler would not comply with officers commands and Myler pulled a 9 mm pistol. Officers believed Myler was an immediate danger to the public and the responding officers.
The investigation found no negligent actions by the law enforcement officers involved. They were clearly identifiable as police officers acting in their official capacities and were justified to use deadly force to stop the felonious actions of Myler as he presented to the officers a clear danger to them and the public. Tyler could have avoided the incident reaching the level of deadly force by having complied with the officers lawful commands.”