Attorney Releases Findings in Officer Involved Shooting in Emery County

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Mark Stoddard of Huntington died following an incident with local law enforcement in December. 

Mark Stoddard died following an altercation with officers on Dec. 21, 2019. Following review, the Emery County Attorney’s Office has released its findings on the case. Based on the evidence, the Emery County Attorney’s Office concluded that the two officers were justified in using deadly force and will not be criminally charged.

“The Emery County Attorney has reviewed the reports and videos from all of the officers involved as well as the report of Detective Wally Hendricks and Detective Travis Henrie from the Carbon County Sheriff’s Office who were called in to conduct an independent investigation due to the involvement of Emery County Sheriff ‘s deputies as well as Utah Highway Patrol troopers,” the findings report read. “The Emery County Attorney s Office has also reviewed the autopsy report of the Utah Office of the Medical Examiner.”

According to the findings, Stoddard was 40 years old and residing in Huntington at the time of the incident. That day, Emery County Sheriff Greg Funk received information that a suspect was driving their truck erratically, which he relayed to dispatch. Two officers were dispatched to the scene for a possible drunk/reckless driver case and were warned that the subject might be armed, according to the reporting party.

A traffic stop was initiated at 5:19 p.m. “The suspect did not immediately pull over, but did so after a short pursuit,” the findings report reads. “Immediately after stopping the suspect, the only occupant of the vehicle, Mark Stoddard, got out of his vehicle with a firearm in his hand.”

The report states that Stoddard approached the deputy’s vehicle and pointed the gun at the deputy’s head. The suspect questioned why he had been stopped, stating that he just wanted to go home, before returning to his vehicle and leaving. The suspect reportedly pointed the firearm at the deputy multiple times during the encounter.

The deputy initiated another pursuit of the vehicle, which lasted for several miles across Highway 31 and onto Nielson Loop Road, as other officers responded. Another officer deployed spikes on the road in an attempt to stop the suspect. Upon seeing the officer that had established the spikes, Stoddard reportedly turned around and proceeded eastbound, the way he had come.

More spike were deployed, which the suspect ran over, resulting in the two front tires being deflated. “The suspect vehicle turned west on Highway 31 and continued at a slow speed, pulling over several times. On at least one occasion, officers got out of their vehicles only to have the suspect vehicle drive off again,” the report reads.

The suspect vehicle then pulled over for the final time, and the suspect exited his vehicle with a firearm in hand. “Multiple officers ordered the suspect to drop his weapon continually, clearly and repeatedly,” the findings report states. “The suspect persisted by aiming, dryfiring, chambering, ejecting the magazine, reinserting the magazine and firing the firearm at officers. The evidence clearly indicates the suspect was attempting to kill officers and was not merely attempting suicide.”

The officers then opened fire until the suspect was not longer able to pose a threat before moving in and securing the firearm. Medical attention was initiated by an officer who also serves as a paramedic, but the suspect was pronounced dead on scene as a result of nine gunshot wounds.

“An autopsy was performed by Dr. Lozano at the Utah State Office of the Medical Examiner on December 23, 2019,” reads the report. “Dr. Lozano determined that the suspect died as a result of multiple gunshot wounds. A toxicology of the suspect’s blood showed a BAC of .30 and the presence of THC, which indicates recent usage, THC metabolite and cotinine (metabolite of nicotine).”

Based on these findings, the Emery County Attorney’s Office concluded that the two officers were justified in using deadly force against the suspect. “The officers were reasonable in their belief that the use of deadly force was necessary to prevent death or serious bodily injury to themselves and the other officers on the scene,” the report reads. “The suspect twice came into contact with a clearly, visibly marked, law enforcement vehicles and did approach those vehicles while brandishing a firearm.The suspect was given numerous clear and concise verbal warnings to stop and drop his firearm by the officers prior to any use of deadly force.”

The reports states that the suspect’s clear intent was to kill or injure as many officers as possible based on the fact that Stoddard repeatedly pointed the firearm directly at uniformed law enforcement officers. “The officers showed restraint on multiple occasions and would have been justified far sooner to use deadly force,” states the report.

In conclusion, the Emery County Attorney’s Office declined to pursue criminal charges against the officers for their actions.

Stoddard, born on June 3, 1979, was a longtime resident of Emery County. He was known for his love of the outdoors, especially activities throughout Huntington Canyon.

To view footage from the incident, please click here. WARNING: This video is unedited and contains scenes of violence and adult language. Viewer discretion is advised.

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