Prosecutor details police-involved shooting, finds trooper was justified in Quinton death

The following is a news release from Bonneville County Prosecuting Attorney Daniel Clark.

This Memorandum reviews the use of deadly force by Trooper Francis against Jesse Quinton on Nov. 2, 2018. The Critical Incident Task Force (CITF) investigated this incident with the Bonneville County Sheriff’s Office as lead agency. The investigation was presented to the Bonneville County Prosecutor’s Office on Jan. 7 for review. At this time my Office has reviewed all evidence in the case including witness statements, video and audio evidence, and other physical evidence. These are our findings.

The Parameters of this Decision

This analysis is limited simply to this question: Whether there exists any criminal liability as result of the events of Nov. 2, 2018. More particularly, was the use of deadly force by Trooper Francis justified? It is beyond the scope of this review to comment on any civil matters such as compliance with departmental policy or the like, as those matters are entirely within the province of the incident agency and outside the scope of this Office’s review.

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Pertinent Facts

On Nov. 2, 2018 at approximately 11:42 p.m., Idaho State Police Trooper Francis (hereinafter “Francis”) makes a traffic stop of a 1998 Subaru Legacy driven by Jesse Jesus Quinton (hereinafter “Quinton”) on the Northgate Mile in Idaho Falls. The initial stop was based upon an allegation of speeding, as well as the license plate on the Subaru “did not return” in that the plates on the vehicle did not show being registered to that vehicle. The only passenger of the vehicle was identified as Monica Quinton- the decedent’s sister. Trooper Francis made the initial contact with the subject vehicle and could smell an odor of marijuana coming from the vehicle.

As a result of the smell of marijuana, Francis asked Quinton to step to the back of the vehicle to further investigate the odor of marijuana and license plate question. Quinton complied. At that time Francis asks Quinton “to be honest” about the marijuana in the car and that if it was a misdemeanor (small) amount of marijuana in the car, Francis would cite Quinton and let him drive away (without an arrest) as is common practice with ISP. Quinton repeatedly stated there was no marijuana in the car. Quinton indicated he used marijuana in Oregon, and his sister might have “pipe” in the car. Francis indicated that he was going to search Quinton’s car based upon the odor of marijuana coming from the vehicle (it should be noted that generally the smell of marijuana coming from a vehicle creates legal probable cause to search the vehicle without a warrant). A later search of the Subaru located several types of marijuana in the vehicle.

Quinton then became highly agitated and erratic, which seemed odd given that at that point Francis was simply indicating he could smell marijuana, and Quinton would likely be given a ticket for the offense and allowed to drive away. Quinton asked for a “break,” became emotional and began to cry. Francis asked Quinton not to make a scene in front of his sister and for the two of them to talk as “gentlemen.” Francis placed his hand on Quinton’s arm to guide him back toward the patrol car so that Quinton’s sister could not hear the conversation. Quinton then ran from Trooper Francis across the street toward Big O Tire and Francis chased.

Francis began to chase Quinton, unholstered and deployed his Taser toward Quinton with no effect. Francis deploys his Taser a second time with no effect (it was later shown that the Taser did not properly attach to Quinton likely because of the loose clothing Quinton was wearing). Quinton continued to run north toward the Post Register. Francis took his baton (ASP) and as he was closing the distance to Quinton was about to attempt to strike Quinton. At that time, Quinton stopped running and braces himself and moves to engage with Francis. The two collide.

Quinton quickly got on top of Francis in a “mount” or dominant position pinning Francis, his legs and left arm underneath him. Quinton had immobilized Francis except for his right arm. This was later described as a “grapevine” hold, which is a Jujutsu maneuver to immobilize an opponent. At that time, Quinton had Francis in a chokehold, cutting off Francis’ airway (while commonly referred to a “chokehold,” the proper term is strangulation as it was force applied externally to the neck of Francis, cutting off the blood and airflow – these terms will be used synonymously throughout this memorandum). Francis attempted to jab Quinton with his right thumb into Quinton’s left ribcage to loosen the chokehold. This had no effect on Quinton as Quinton did not discontinue strangling Francis. The investigation provided information that the chokehold applied to Francis could render him unconscious in a matter of seconds and if applied longer could result in brain damage or death.

With his right arm, Francis retrieved his gun from its holster and yelled, “Stop or I’ll shoot! Stop or I’ll shoot! I’ll shoot you!” Francis then states that Quinton squeezed tighter, Francis stated that he was losing consciousness, his vision was beginning to narrow and his airway closed off. Quinton then yelled “Shoot me! Shoot me! Shoot me! Shoot me! Shoot me!” Francis stated that he thought Quinton would choke him to death. Francis stated that he could not get Quinton to stop or loosen the chokehold that was placed on him. Francis also stated that he did not know when backup would arrive. Francis placed his gun to Quinton’s ribcage and fired one round.

Other law enforcement officers arrived immediately thereafter along with EMT personnel. Life-saving measures were performed on Quinton and transport to the hospital. Quinton was later pronounced dead at Eastern Idaho Regional Medical Center. EMT personnel and other law enforcement officers observed marks and bruising on Francis’s neck consistent with the chokehold described by Francis.

An autopsy and full toxicology report was completed in connection with this case. The autopsy report concludes the cause of death as exsanguination secondary to gunshot wound to the left chest complicated by acute cannabis and acute dextromethorphan intoxication. The autopsy report indicates Quinton had acute intoxication with both marijuana and dextromethorphan, both of which are hallucinogens and in this instance both in high concentrations.

The toxicology report was sent to Dr. Gary Dawson for review and analysis of the chemicals found in Quinton’s blood. The question posed to Dr. Dawson was whether the combination of substances in Quinton’s blood could or would contribute to Quinton’s behavior on the night in question. Dr. Dawson’s answer is as follows:

“Clinical and scientific evidence is clear that the consumption of marijuana (THC) impairs the ability to safely operate a motor vehicle and it contributes to delusional or psychotic behavior when consumed in excess, as in this case. Frank intoxication with dextromethorphan is associated with blood concentrations in excess of 150 ng/ml, with increasingly profound intoxicating and dissociating effects in a dose-dependent manner. Quinton’s blood concentration of the parent compound DM and its active metabolite was well into the toxic range at nearly 1000 ng/ml.

It is my opinion that the combination of THC and dextromethorphan is a reasonable and proximate cause of Quinton’s aberrant and violent behavior on the day and time of his assault on Trooper Francis.” (citations omitted)

Dr. Dawson’s report explains the amount of dextromethorphan present in Quinton’s blood was “well in the toxic range.” Further toxicology analysis reports that the combination of drugs in Quinton’s system would have contributed to his demeanor and behavior on that night.

Interviews with Quinton’s passenger indicated that Quinton is an experienced “Ju-jitsu” fighter and boxer. She said he does “cage fighting” to get his anger out. She indicated that Quinton is agitated easily and was agitated on the night in question. Some friends, not witnesses to the event, have indicated that Quinton is a kind person, while other evidence has indicated that Quinton was known to have an explosive temper. Many have attempted to paint Mr. Quinton in a light most favorable to him for different reasons many of which are understandable as they grieve the loss of a friend or loved one. These portrayals do not match the evidence presented in this case or the actions of Quinton on the video evidence.

Analysis Synopsis

After reading the reports, conferring with the CITF investigators, reviewing evidence from the incident, and considering all relevant information, including the facts related above, I have concluded that there is no evidence to support a criminal charge against Trooper Francis for the shooting death of Quinton. The facts in this case reveal that Quinton made himself a clear and immediate danger to Trooper Francis who was engaged in the lawful performance of his duties. The actions of Trooper Francis, therefore, were justified under Idaho Codes 18-4009 (a), (c), & (d) and 18-4011 and do not form the basis of a criminal prosecution. The analysis below pertains specifically to when homicide is justifiable by any citizen and specifically to justifiable homicide by a law enforcement officer.

Detailed Analysis

I. Under Idaho Code 18-4009, homicide is “justifiable” when committed by any person in any of the following cases:

“(a) When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; or, …
( c) When committed in the lawful defense of such person … when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished …
( d) When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed … ”

Based on the facts of this case, Trooper Francis was justified to use deadly force under Idaho Code 19-4009 because:

–he was resisting Quinton’s attempt to commit a felony, or to do some great bodily injury upon any person (to wit: a violation of Idaho Code 18-915. “ASSAULT OR BATTERY UPON CERTAIN PERSONNEL- PUNISHMENT (FELONY).)

— Francis was entitled to lawfully seize Quinton on suspicion of marijuana in the vehicle; Quinton ran from Francis and that constitutes an Obstruction of Justice allowing for an arrest of Quinton;

— he was lawfully defending himself where there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished;

–or he was attempting by lav.ful ways and means, to apprehend any person for any felony committed (to wit: Aggravated Battery on Certain Personnel).

II. Trooper Francis’s fear of great bodily harm or death by Quinton was reasonable.

This investigation was delayed for two specific reasons in order to obtain key information pertinent to the investigation. First, to obtain the full toxicology report from Quinton and have those results analyzed by an expert to determine whether combination of drugs in Quinton’s system could/would result in the erratic and irrational behavior by Quinton. The second reason for the delay was an effort, at my request, to ascertain the exact statements made during the encounter as the original audio recording became distorted the further the chase occurs away from Francis’s vehicle. Therefore, the audio recording was enhanced in order to more clearly ascertain the statements made by both Francis and Quinton.

It was Dr. Dawson’s opinion that the drug combination did have an adverse effect on Quinton’s behavior. As previously stated, Dr. Dawson concluded that the combination of marijuana and dextromethorphan was a proximate cause of Quinton’s aberrant and violent behavior.

The enhanced audio shows clearly commands from Francis to Quinton and Quinton’s violent response of “Shoot me!” repeated multiple times. These statements by Quinton show that his chokehold did and would continue, and that had Francis not used deadly force Francis would at the least lose consciousness or potentially lose his life. What the audio shows also, just as Francis describes, is the initial physical confrontation and the noise surrounding what is obviously a physical struggle as the two begin the physical confrontation; but then the audio becomes eerily quiet as Quinton obtains a dominant position in the altercation. Francis is heard struggling to breath, and finally his commands to Quinton to stop wherein Quinton readjusted his chokehold tighter. It was therefore quite reasonable for Francis to be in fear of great bodily harm or death at the moment he commanded Quinton to “Stop or I’ll shoot!”

III. Under Idaho Code 18-4011, “Justifiable Homicide By Officer,” “homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance … when reasonably necessary in overcoming actual resistance to the execution of some legal process … ” The use of deadly force in such a case is justified only if “the officer has probable cause to believe that the resistance poses a threat of death or serious physical injury to the officer or to other persons.”

Here, Trooper Francis was lawfully engaged in “the execution of some legal process.” While executing that process, a physical altercation ensues wherein Quinton used deadly force against Francis during that altercation. It is impossible to suggest that Trooper Francis, knowing all he knew and seeing all he saw, did not have probable cause to believe Quinton posed a “threat of death or serious physical injury to the officer or other persons” based upon Quinton’s physical violence committed upon Francis.

Conclusion

I have concluded after reading the reports, reviewing the evidence, and conferring with detectives assigned to the case, that there no evidence to support a criminal charge against Francis for the events of Nov. 2, 2018.

Homicide is “justifiable” when committed by any person when resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person. Clearly by Quinton’s actions, employing a chokehold from a dominant position during the physical altercation and Francis potentially losing consciousness, gave Francis reasonable grounds to believe that Quinton was going to do some great bodily harm or death upon him. Francis made several attempts at non-lethal force each of which resulted in Quinton escalating the conflict. These efforts included verbal, non-threatening physical, non-lethal (Taser/asp ), a thumb jab and more verbal commands. These efforts were ineffective against Quinton and Quinton’s conduct continued to escalate to the point where he was choking Francis to the point of unconsciousness.

It is interesting to note that in a typical “MMA” or “cage fighting” match, chokeholds are a regularly employed maneuver to subdue an opponent in that match. The fighters in these matches respect and recognize the seriousness of the maneuver. This maneuver is carefully watched by a referee, with a referee stopping the match upon a “tap out” or the referee intervening when the subdued opponent cannot intelligently defend himself. No such safeguards were present on this night when Francis found himself in this position. All efforts by Francis to have Quinton “stop” were ignored or otherwise resulted in the chokehold tightening. Where in a cage fighting match the object is to subdue your opponent and claim victory, that same maneuver on a street against a police officer carries with it a malicious, violent and potentially deadly intent.

It is also important to note that physical altercations with police sadly do occur on occasion. When these happen police attempt to subdue or otherwise apprehend one having committed a crime or offense. In other words, police attempt to “execute some legal process” as contemplated in Idaho Code. The intent by a police officer when engaging in the physical altercation is to “stop” the person from resisting that process. When a citizen fights with a police officer, employs a dominant “mount” position, and then begins a “chokehold” upon that officer and after repeated commands to stop continues to tighten the “chokehold,” the intent of that person becomes quite clear with a violent design the result.

When Trooper Francis encountered Quinton, Trooper Francis was performing his duties as a sworn law enforcement officer. Trooper Francis was clearly identifiable as a police officer as was his vehicle. Francis was lawfully engaged in the apprehension of Quinton for questioning and arrest after smelling the odor of marijuana, for Quinton running from Francis, Quinton’s attack on Francis and the chokehold committed by Quinton on Francis.

This shooting incident could have been avoided through numerous options by Quinton. First, by Quinton not running from Francis at the time Francis had probable cause to believe there was marijuana in Quinton’s vehicle. Second, at any time after initially running from Francis, Quinton could have chosen to comply with commands given to him by Francis. Third, upon taking a fighting stance, choosing to physically fight with Francis and ultimately immobilizing, putting Francis in a chokehold, Quinton created the scenario wherein Francis believed, reasonably, that great bodily harm or death could result.

An officer is justified in using deadly force to overcome resistance when they have probable cause to believe the resistance poses a threat of death or serious physical injury to the officers or other persons. Quinton’s behavior that day, specifically the violence in the physical altercation and resultant chokehold, provided that probable cause.

For the reasons stated above, I find the conduct by Trooper Francis on the day in question to be justified.

Daniel R. Clark
Bonneville County Prosecuting Attorney