This is an archived article that was published on sltrib.com in 2017, and information in the article may be outdated.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.
A Utah man who survived being shot by a police officer during a foot chase last year, was sentenced Monday to probation and time served on an escape conviction.
Damian Scott Huth, 21, had pleaded guilty as charged to third-degree felony escape from official custody for running from police after an October traffic stop in Kearns. While fleeing, Huth was shot in the shoulder by a Unified Police Department (UPD) officer.
On Monday, 3rd District Judge Heather Brereton sentenced Huth to 36 months of probation, which includes substance abuse and mental health evaluations, and any recommended treatment.
Huth, who served more than five months in Salt Lake County jail since the episode, was to be released Monday, according to court records.
Kelli Rachelle Huth, 18 — who allegedly attacked another UPD officer during the traffic stop, allowing her husband to flee — pleaded guilty to third-degree felony obstructing justice and was sentenced in December to pay a $500 fine and complete 25 hours of community service during a two-year probation.
Earlier this month, the Salt Lake County district attorney's office ruled that the officer who shot Huth was not justified in using deadly force against the unarmed man. However, District Attorney Sim Gill said his office would not pursue criminal charges against the officer, UPD Detective Cordell Whitmore.
Gill wrote that he could not conclude Whitmore could "reasonably believe that deadly force was necessary," but neither did prosecutors have "proof beyond a reasonable doubt" to support any charges against him.
The shooting occurred on Oct. 5 after traffic stop near 5800 West and 6200 South, in which Damian Huth — who had arrest warrants — was a passenger in a car driven by his wife.
When UPD Officer Michael Khong pulled Huth from the back seat of the car, Huth allegedly struggled with Khong and they fell to the ground. Kelli Huth then 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 that 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 he then "heard a pop."
Whitmore said the gunshot was accidental and that he was initially unaware that Huth had been wounded, the district attorney's report said. Meanwhile, Huth cleared the fence and continued to run, but was captured soon after.
Whitmore was not wearing a body camera, due to "financial constraints" in the department, Salt Lake County Sheriff Jim Winder has said.
After Gill's ruling on the shooting, UPD began 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.