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A federal judge has allowed a lawsuit to proceed over the shooting death of a Utah man after a slow-speed chase that began when a Box Elder County Sheriff's deputy saw him urinating at the side of a road.
U.S. District Judge Clark Waddoups on Wednesday denied a motion by attorneys for Box Elder County, the Sheriff's Office and Deputy Austin Bowcutt to toss out the case based on evidence gathered since the 2012 shooting in Corinne.
That means the lawsuit filed on behalf of the heirs of Troy Burkinshaw can go to trial, barring a successful appeal or a settlement.
Burkinshaw, 52, was killed by Bowcutt on Oct. 26, 2012 after the officer stopped and questioned him after he was spotted urinating along State Road 13.
Burkinshaw drove off during the traffic stop and Bowcutt pursued at speeds that never got over 50 mph, the judge said in sorting out the facts of the incident.
Burkinshaw eventually drove into a residential area dead-end road and Bowcutt blocked the car and got out of his police vehicle.
Bowcutt stepped in front of Burkinshaw's car and ordered him to stop as Burkinshaw maneuvered to leave. When Burkinshaw failed to stop, Bowcutt fired three shots into the car, which was going no more than 2.8 mph. Two of the shots hit Burkinshaw, who was declared dead at the scene.
In allowing the case to go forward, Waddoups found that a jury "may reasonably find Bowcutt's use of deadly force was excessive" and violated Burkinshaw's constitutional rights.
The judge also said that Bowcutt's shots into the vehicle were "almost guaranteed to kill the motorist" even though a jury could find that Bowcutt was not in imminent danger and could have easily gotten out of the way and waited for backup to help make an arrest. "Thus, a jury could reasonably conclude that Bowcutt was not facing a threat of serious and imminent physical harm and his use of deadly force was excessive," Waddoups wrote, while also acknowledging a jury could find that Bowcutt was in fear for his life and acted appropriately.
Attorney Jim McConkie, who represents Burkinshaw's mother, Carolyn Clark of Corinne, said the ruling clears "the way for us now for us to go into the courtroom and see how a Utah jury will react."
"It's possible they might try to appeal, but the decision is kind of resounding," McConkie said.
Box Elder County's attorney, Peter Stirba, did not immediately return a voice message seeking comment.
Clark is asking for damages that would be determined by a jury if the case goes to trial.
In December 2012, Box Elder County Attorney Stephen Hadfield ruled the shooting was legally justified. Bowcutt reasonably believed deadly force was necessary to prevent Burkinshaw from escaping and to prevent death or serious injury to himself, Hadfield wrote in his report.