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An aggravated assault charge was dismissed Friday against Granite School District Police Lt. Richard Todd Rasmussen, who shot and wounded an unarmed man after a chase in October 2004.
Newly elected Salt Lake County District Attorney Lohra Miller said it would be difficult to prove Rasmussen did not fire in self-defense.
It was Miller's first major decision as the new district attorney, and it drew immediate fire from her predecessor, David Yocom, whose office filed the charges against the officer.
"It should have been decided in a courtroom, rather than for political reasons," Yocom told The Tribune on Friday. "Let a jury make the decision. Especially when a law enforcement officer is involved, it should go to trial."
Miller said she reviewed the case - filed in January 2005 and set for trial next month - at the request of "a number of police officers."
One of Miller's campaign slogans was "Ask a Cop," and heading into the election, she had the support of the 700-member Fraternal Order of Police.
But Miller denied her decision in the Rasmussen case was politically motivated.
"Absolutely not," she said. "You have to look at the individual facts of a case in order to make a decision on whether to prosecute. As I reviewed this case, I believed there was not a reasonable likelihood of winning the case."
She added that among veteran prosecutors, "all of them believed there was less than a 50 percent chance of a conviction."
But Yocom said those same attorneys agreed two years ago that Rasmussen should be charged.
The district attorney's office had "put a great deal of time and effort into hiring experts to bring this case to trial," Yocom said. "We were ready to go to trial."
The shooting occurred the night of Oct. 20. 2004, after a 30-minute car chase, a foot pursuit and confrontation in the dark and rainy back yard of a Salt Lake City home.
Rasmussen told investigators he fired at Anthony Joe Chavez Jr., because the suspect lunged at him in what Rasmussen believed was an effort to take the officer's .40-caliber Glock pistol.
The bullet grazed Chavez's chest and knee before lodging in his left thigh.
At a 2005 preliminary hearing, prosecutors contended Rasmussen had no need to use deadly force. A prosecution expert testified that based on Chavez's injuries, his left leg had to be pulled to his chest - a position inconsistent with lunging.
Yocom recalled Chavez as ''a man on his butt, who had his arms raised, saying, 'I give up,' '' while Rasmussen stood over him with a drawn gun.
''How that can be self-defense is beyond me,'' Yocom said. ''He had ample ways to prevent the man from injuring him, rather than by shooting him.''
But defense attorney Walter Bugden said Chavez was down in a crouch, ready to spring on Rasmussen, who was five to eight feet away.
Bugden also contended that because of events leading up to the shooting and Chavez's purported refusal to show his hands, Rasmussen "had every reason to believe the suspect was armed and dangerous."
The chase started after Chavez - who was suspected of stealing four firearms from the West Jordan home of another Granite District police officer - exited a Salt Lake City home that was being watched by Granite District officers.
During the chase, Chavez aimed the stolen car he was driving at Rasmussen's car and at a car driven by another officer, which Bugden said demonstrated Chavez's willingness to resort to violence.
"Lieutenant Rasmussen was perfectly entitled to use deadly force under the circumstances," said Bugden, adding that the law does not require police officers to have "perfect perception" of whether a suspect is armed.
"These decisions are made in pressured circumstances," Bugden said. "They are split-second decisions made in dangerous and stressful circumstances.
"Sadly, people get shot with a Coke can in their hand," he added. "But the common denominator in officer deaths is an officer who hesitates."
In connection with the chase, Chavez pleaded guilty to third-degree felony counts of attempted theft by receiving, failure to stop at the command of a police officer and aggravated assault. Sentenced to prison for up to 15 years, Chavez, now 41, was paroled Dec. 19, after serving just over two years behind bars. He could not be reached for comment on Friday.
Rasmussen, 46, has been doing desk work for the Granite School District, but Bugden believes he will now be restored to regular duty.
"I'm very happy. And exhausted," Rasmussen said after the Friday hearing in 3rd District Court, where he was charged with one count of second-degree felony aggravated assault. If tried and convicted, Rasmussen would have faced one to 15 years in prison.
The Peace Officers Standards and Training bureau, which certifies police officers for duty, has yet to review the case, but Bugden said he is "quite certain" POST will exonerate Rasmussen.
Bugden added, "We're grateful the new DA took a fresh look and decided to dismiss this case."