Prosecutor dismisses DUI charge for man shot by police
REXBURG — Madison County Prosecutor Rob Wood has dismissed a misdemeanor DUI charge against a man who was shot by a Rexburg Police officer in October.
The Rexburg Police Department cited 22-year-old Ashtyne Lane Whiting with the DUI following an incident on Oct. 22, 2019, that resulted in an officer shooting him. Former Madison County Prosecutor Sid Brown cleared the officer of any wrongdoing in December, and current Madison County Prosecutor Rob Wood dismissed the charge against Whiting last month.
Both Wood and Whiting’s attorney, Kyle May of May, Rammell & Wells in Pocatello, have not returned requests for comment.
In the early hours on the day of the incident, Rexburg Police Officers responded to an apartment on the 200 block of West Second North after a woman called 911. She said her boyfriend, Whiting, was angry. Rexburg Police Chief Shane Turman said in an October 2019 news conference that the woman was frantic and said a “drunk” Whiting was going to kill himself and may have a knife.
By the time police arrived, Whiting had left the house in a black Dodge Neon. Seconds later, Whiting sped down the street in front of his apartment. He stopped, revved the engine, turned around, and sped toward the area where the officer was standing, according to Turman.
With the car barreling toward him, the officer pulled out his handgun and fired a total of 14 shots, according to an investigative report obtained by EastIdahoNews.com. As the officer fired, Whiting stopped his car, and one bullet hit him in the left shoulder. He was taken to Madison Memorial Hospital and released hours later.
Following the shooting, the East Idaho Critical Incident Task Force, led by the Idaho Falls Police Department, investigated the incident. When their investigation was complete, police and prosecutors asked Force Science Institute to review the case. The Illinois-based organization specializes in analyzing officer-involved shootings worldwide.
Force Science Institute experts determined the officer’s actions were typical of an officer in the same situation. Following the investigations, Brown cleared the officer.
The Police Department also convened an officer-involved shooting review board to determine if department policies were followed during the incident. The board concluded the officer acted appropriately and within department policy, according to Turman in January.
With the clearing of the board and prosecutor, the officer was allowed to return to work.