Prosecutor finds Rexburg police officers ‘completely and totally justified’ in fatal shooting

REXBURG — An officer-involved shooting that left a Rexburg man dead in February was “completely and totally justified,” according to Madison County Prosecutor Rob Wood.

The shooting happened around 8 p.m. on Feb. 15 at Brenchley Apartments on 3rd West. Rexburg Police officers Daniel Allen and John Bone shot Troy Allen multiple times. (Daniel Allen and Troy Allen are not related.) The Eastern Idaho Critical Incident Task Force investigated the shooting and turned its findings over to Wood.

What is the Eastern Idaho Critical Incident Task Force?

Rexburg Police Chief Shane Turman detailed what happened the night of the shooting in a release sent to EastIdahoNews.com on Monday:

• Officers Daniel Allen and Jon Bone were dispatched to Brenchley Apartments for a trespassing/unlawful entry complaint.
• The officers arrived and spoke with the female caller and her friend. They said Troy Allen forced himself into an apartment. The caller told Troy Allen to leave, and he “scared her by getting her in her face – so close, in fact, that she could feel his breath.” She said Troy Allen motioned that he was going to hit her.
• The caller told police they wanted Troy Allen charged for illegally entering the apartment and wanted him permanently off the property. The caller told officers Troy Allen was “big, scary, appeared to be strung out on something, and she was terrified of him.” She mentioned to the officers that “they should not be terrified to be in their own home.”
• The officers left the apartment and began looking for Troy Allen. They found him in the west hallway of Brenchley Apartments standing next to a woman. The officers approached and asked his name. They say he provided a false name and began walking away from the officers.
• Officers told Troy Allen they needed to speak with him. He responded, “No, you need to shoot me.” Troy Allen then put his right hand into his coat pocket and moved away from the officers. He then quickly turned his body facing both officers and raised his right hand toward the officers, while his right hand is still concealed in his coat.
• Both officers thought Troy Allen had a weapon concealed in his coat. The officers pulled their guns out and told Troy Allen to take his hand out of his pocket “while both officers begin backing up to create distance between Troy Allen and themselves.”
• Officers issued commands to Troy Allen six times to take his hand out of his coat. He then shuffled toward the officers, veered off and moved toward the woman standing in the doorway in the hall. His right hand was still concealed in his coat pocket.
• Both officers worried Troy Allen might try to take the woman as a hostage or harm her. They moved forward, grabbed her and pulled her behind them.
• Troy Allen then entered an open apartment door and returned “rapidly advancing toward the officers in an aggressive manner, raising his right hand in his coat pocket again, simulating he has a weapon.”
• Both officers fired their weapons as they feared for their lives and the woman’s safety. Troy Allen was declared dead at the scene.

After the Critical Incident Task Force completed its investigation, Wood says he reviewed it along with apartment security camera footage and police body camera footage.

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“It is the position of the Madison County Prosecutor’s Office that this officer-involved shooting was completely and totally justified,” Wood wrote in a letter to Turman. “The officers’ response and behavior (were) appropriate. During the interaction between the officers and Mr. Allen, Mr. Allen put his hand in his pocket and simulated that he had a weapon and rushed at the officers. Both officers told Mr. Allen to show his hands, and he refused to do so. … At the time Mr. Allen rushed the officers, they had a reasonable belief that their lives were in danger. In fact, Mr. Allen’s actions at the time constituted an assault upon a police officer.”

Read Prosecutor Rob Wood’s entire letter here

Wood says that his office will not be prosecuting the police officers “as they have not committed any crime. While any loss of life is tragic, their actions were professional and appropriate, especially given how quickly Mr. Allen escalated the situation.”

Turman commented that the officers followed department policy and “did exactly as their training dictates.”

“We again would like to offer our deepest condolences to the family of Troy Allen,” he said.