This is an archived article that was published on sltrib.com in 2017, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
An October 2016 police shooting of an unarmed suspect while fleeing a traffic stop has been ruled unjustified by the Salt Lake County District Attorney's Office.
However, in a 20-page decision released on Monday, District Attorney Sim Gill said his office would not pursue criminal charges against the officer involved in the shooting, Unified Police Detective Cordell Whitmore.
Gill wrote that while he could not conclude Whitmore could "reasonably believe that deadly force was necessary," neither did prosecutors have "proof beyond a reasonable doubt" to support any charges against the officer, and "therefore legal and ethical standards require us to decline a criminal case against Detective Whitmore."
With the district attorney's investigation now completed, the Unified Police Department has begun an internal investigation of the shooting, which includes a review of policy violations that may or may not have occurred, UPD said in a written statement. Due to the ongoing internal investigation, Sheriff Jim Winder has declined comment until a later time, the statement said.
The shooting occurred following an Oct. 5 traffic stop by Whitmore and another UPD officer near 5800 West and 6200 South.
Damian Scott Huth, 21 — who had active arrest warrants — was a passenger in a car driven by his wife, Kelli Rachelle Huth, 18.
When Officer Michael Khong pulled Huth from the back seat of the car, he allegedly struggled with Khong and they fell to the ground. That, police say, is when Kelli Huth jumped onto Khong's back, allowing her husband to flee on foot.
Whitmore chased Damian Huth to a nearby garden area, repeatedly ordering him to stop. Apparently, it was while Whitmore attempted to prevent Huth from climbing over a fence that the detective's firearm discharged.
Whitmore told Salt Lake City Police Department investigators that he could not remember much of what transpired, other than he found himself on the ground with the pistol in his left hand — it earlier was in his right hand, and he is right-handed — and then he "heard a pop."
Whitmore contended the gunshot was accidental, and that he was initially unaware the suspect had been wounded, the district attorney's report said.
Meanwhile, though shot in the shoulder, Huth cleared the fence and continued to run. He was captured a short time later.
Huth, who was treated and recovered from his wound, was charged in 3rd District Court with third-degree felony escape from custody in connection with the episode. He pleaded guilty in January and faces up to five years in prison when he is sentenced on March 27.
Kelli Huth pleaded guilty to third-degree felony obstructing justice and was sentenced in December to 24 months probation, including a $500 fine and 25 hours of community service.
Twitter: @remims