Bonneville prosecutor finds killing of 46-year-old man by police to be justified
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IDAHO FALLS — Just weeks after the fatal shooting of 46-year-old Derrand Zimmerman by Idaho Falls Police officers, Bonneville County Prosecutor Randy Neal has found the officers’ action to be legally justified.
In a news release from the prosecutor, Neal stated that what happened was tragic, but that Zimmerman’s actions were deliberate to shoot at Idaho Falls Police officers, Sgt. Gabe Klepich and Officer Dustin Cook.
“His firing his gun in the direction of the officers was a real, actual and significant threat of significant injury or death,” Neal stated.
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The incident occurred on Aug. 19, just after 10 p.m., when dispatchers received a call from a reporting party that Zimmerman had pointed a gun at her before leaving her apartment and that he was inebriated.
According to the release, the reporting party told the dispatcher that he had made comments about suicide by cop, and she did not want it to end badly.
Dispatchers asked the woman if Zimmerman was suicidal, and she confirmed that he was.
Later in the night, the caller reported that Zimmerman had come back to the apartment and was pounding on the door, which she had locked after he had left. She had also noted that there were three children in the apartment.
Officers were nearby and found him outside the apartment on the second-floor landing.
Klepich, Cook, an Idaho State Trooper, and four other Idaho Falls Police officers responded to the apartment unit and had set up a perimeter before contacting Zimmerman.
At around 10:50 p.m., Klepich attempted to use a K9 to go after Zimmerman on the second floor, but the dog failed to follow the command. In bodycam footage, the K9 walks up the stairs and stands next to Zimmerman.
The release states that Zimmerman had a tan handgun in his hand when Klepich moved closer to the stairs and ordered the man to keep his hands up.
Zimmerman was reported to have said, “Are we gonna do this?” when Klepich told officers to move in.
Cook, who was armed with a rifle, began to move closer, and Klepich told Zimmerman to face away and to keep his arms up.
“He did not comply and then said, ‘F*** it, let’s die,'” the release states.
Zimmerman fired once, resulting in Kelpich and Cook firing back, striking Zimmerman three times.
Zimmerman was taken to the hospital and was declared dead.
After the shooting, the woman who called dispatch was interviewed and told investigators that Zimmerman had stayed with her for the past two days before the shooting.
She had reported that she was a friend helping him out, as Zimmerman was in a rough spot. She said a friend of his was shot to death, and he was upset.
The release states that this caused him to drink alcohol consistently and to abuse drugs.
Due to this, the woman had told Zimmerman to leave her apartment on Aug. 18, but she reported that he had retrieved a handgun from a personal safe. She said Zimmerman told her he would just kill her or himself, and had pointed the gun at her, and then pointed the gun at his head.
She said he had pulled the trigger when it was on his head, but it did not fire.
The release states that the woman had found a box of ammo and had hidden it under her mattress.
On Aug. 19, the woman had taken her children to a pool and, upon their return, had found Zimmerman intoxicated and had threatened to kill her and himself. She reported that Zimmerman had pulled the trigger multiple times, but the gun failed to fire.
She had told Zimmerman to leave, and after refusing to give him a ride, he had left with the gun in his possession. It was at this point that she called 911.
The release states the woman feared Zimmerman using the gun on officers or himself, and decided to go out of the apartment and talk with him. She offered to take him anywhere he wanted to go, but he refused and the two began to argue.
She said Zimmerman pulled the gun out and raised it to his head, and pulled the trigger. She then returned to her apartment and locked the door, later calling 911 again to inform dispatch of the gun.
Neal wrote in the release that he must judge the circumstances of the situation and the actions taken by Zimmerman and by the two officers. He cannot speculate on the effectiveness of potential actions that could’ve been taken.
“I conclude that Sergeant Klepich and Officer Cook were protecting themselves and others by reasonable means necessary from an aggravated assault and/or attempted murder,” Neal said.
Due to this, Neal said the two officers would not be prosecuted for their actions. Neal commended the officers for their bravery that night and understood the precarious situation they and the K9 were in.
“I believe the entire community is relieved that no harm came to any of the officers or to K-9 Rocky,” Neal wrote.