Prosecutors said a Utah police officer who shot a car burglary suspect twice in the leg wasn’t justified in his use of force — but won’t face criminal charges, Good4Utah reported.
Police said Ivonne Casimiro, 29, broke into a car and then didn’t follow police commands to drop a screwdriver she was holding, according to KHQ.
Body camera footage shows Casimiro was not coming toward Enoch Police Corporal Jeremy Dunn when he shot her. The footage shows Dunn saying “I can take her out like last time. You want me to take her out like last time?” before using a stun gun and then shooting Casimiro.
The June shooting was the second time in Dunn’s five years on the police force that he shot someone, according to the Deseret News. The first incident, in 2012, also involved Dunn shooting someone in the knee, and was “determined to be legally justified.”
“It cannot objectively be stated that the officers or anyone else were in danger of death or serious bodily injury at the exact moment that lethal force was used,” Iron County Attorney Scott Garrett wrote in a letter, obtained by McClatchy, to the Enoch City Police Chief.
However, Garrett continued: “Even though the shooting was not legally justified, the State would not be able to prove the requisite criminal intent for a criminal charge.”
A committee made up of Enoch city officials ruled Tuesday that Dunn “acted within department policy” when he shot Casimiro, though they noted that he violated policy by drawing his gun and his stun gun at the same time, the Salt Lake Tribune reported.
Officials said Dunn and all officers “will receive training on stun gun use,” the Salt Lake Tribune reported.
Dunn is employed and on administrative leave “until a determination can be made in compliance with and by all relevant agencies,” a city news release said, according to the Salt Lake Tribune.
Casimiro’s injuries weren’t life-threatening, and she survived, according to KHQ.