Prosecutor: Two deputies justified in fatal shooting of woman at Gem State Park

IDAHO FALLS — Two Bonneville County Sheriff’s Office deputies were justified in the fatal shooting of a woman at Gem State Park last year, according to the investigating prosecutor.

The shooting happened in March and was initially investigated by the East Idaho Critical Incident Task Force.

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According to Bonneville County Prosecutor Randy Neal, the review of the incident was assigned to former Bingham County Prosecutor Paul Rogers last year. He completed his investigation in May, and published a memorandum, which found the deputies involved were correct in their use of deadly force.

Background on what happened

On March 30, Bonneville County Sheriff’s Deputy Patrick Crapo checked on a vehicle — a white Lincoln MKZ — at the Gem Lake boat launch on South 35th West in Bonneville County at around 3:30 a.m. The car belonged to 38-year-old Nicholle Lynn Lockyer of Bonneville County and she was the vehicle’s only occupant.

Crapo approached the parked Lincoln at the passenger’s side front window. The vehicle was not running, according to the memorandum. He talked to Lockyer, who said she was at the location because of a fight with her boyfriend.

She said her car failed to restart because of a dead battery, the memorandum said.

Crapo asked her if she was on probation, and she said she was not. She told him that she had gone to prison and finished her sentence.

He checked in with dispatch about Lockyer’s status and was told that she had a felony warrant out of Bingham County.

Bonneville County Sheriff Deputy Kyle Penney then arrived. Crapo and Penney both approached the parked Lincoln to arrest Lockyer for the warrant.

Crapo went to the passenger door and Penney stood in front of the car “offset to the driver’s side.”

Crapo spoke to Lockyer, and it appeared to him that she had begun reaching for something. He then requested she come out of the vehicle. She hesitated and asked why, the memorandum said. Crapo said he would explain the reason as soon as she got out. She said she would.

Lockyer then instantly put the car into drive, drove forward, and directed the vehicle at Penney, the memorandum said. The vehicle accelerated quickly and hit Penney. The vehicle only stopped from driving over Penney due to a large snow bank the car got stuck on.

Penney was hit in both legs and fell back, the memorandum said. Penney and Crapo drew their firearms and began shooting at Lockyer.

Crapo fired eight shots at the vehicle and Penney also shot eight rounds. Lockyer was hit four times from the gunshots in the pelvis, abdomen, thorax and shoulder area, the memorandum said.

Crapo called dispatch and reported shots were fired. Crapo then opened the passenger door and removed Lockyer from the vehicle and began lifesaving measures on her.

She was transported to Eastern Idaho Regional Medical Center and died of her injuries at the hospital.

Deputies were justified

According to the analysis from Rogers, Crapo took the “necessary steps in approaching the vehicle in a professional manner.” Lockyer’s responses were misleading and scattered, and she also lied about her car being dead, the memorandum said.

Crapo learned about her extensive criminal history and attempted to have her step out of the car before he explained the warrant.

“However, Lockyer’s actions are an example of a person knowing that she understood what was going to happen because she most likely knew of her outstanding warrant and her attempt to mislead the officers,” documents said.

The memorandum continues to say her reaction in starting her car and hitting Penney with the vehicle while accelerating rapidly “was enough to show beyond reasonable doubt of her aggravated battery on certain personnel.”

After Penney was hit, Crapo’s concern for Penney’s health can be heard in video, with him questioning whether or not Penney was okay. As both officers drew their firearms at that moment, Crapo was “completely justified” in responding to a situation in which Lockyer was threatening the life of Penney, the memorandum said.

“Deputy Penney’s life was at the highest risk as he drew his weapon. It appears that only luck of having snow stop the car might have been the only reason Deputy Penney did not sustain further damage or worse death,” the memorandum said.

Penney had minor injuries, according to a news release from the Bonneville County Sheriff’s Office. Both Penney and Crapo are back on duty.

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