Quantcast
Get breaking news alerts via email

Click here to manage your alerts
Kristine Biggs. (Davis County Jail photo)
Officer not justified in shooting out woman’s eye, DA finds

Crime » But the officer will face no criminal charges because “a unanimous jury would not convict.”

First Published Jan 22 2013 06:36 pm • Last Updated Jan 23 2013 07:31 am

A Morgan County police officer was not "squarely justified" in shooting a woman in the eye following a chase last year, the Davis County Attorney Troy Rawlings said Tuesday in a news release.

No criminal charges, however, will be filed against Sgt. Daniel Scott Peay.

Photos

Join the Discussion
Post a Comment

" ... a unanimous jury would not convict Sergeant Peay of a crime when presented with all of the evidence," Rawlings wrote in his assessment of the officer’s actions.

Meanwhile, Kristine Nicole Biggs — who survived being shot in the left eye — could face up to five years in prison when she is sentenced next month.

Biggs, 41, was charged in Farmington’s 2nd District Court with third-degree felony counts of aggravated assault and failure to respond to an officer’s signal to stop, along with misdemeanor counts ranging from driving under the influence to driving on a suspended or revoked license and driving with an open alcoholic container.

She resolved the case this month by pleading guilty to failure to respond to an officer’s signal and the DUI count. The prosecutors dismissed the assault charges.

Biggs was released from the Davis County jail on Jan. 10 so that she could be extradited to Grand Junction, Colo., in connection with a probation violation following a guilty plea to felony menacing of a wildlife officer with a deadly weapon.

Sentencing on the Utah case is set for Feb. 25 before Judge Michael Allphin.

Biggs was initially in critical condition at an Ogden hospital after being shot by a Morgan County sheriff’s deputy in the left eye -- as she crashed head-on into pursuing police cars.

The chase began about 10 p.m. on Nov. 24, when a Morgan County deputy attempted to pull over the woman’s pickup truck for a broken headlight. Instead, Biggs sped away, beginning a 40-mile pursuit that ended in Davis County, police said.


story continues below
story continues below

Despite three of the pickup’s tires being blown by a spike strips, made a U-turn and allegedly drove at two pursuing Morgan County deputies.

The pickup sideswiped the first cruiser and hit the second nearly head on. The deputy from the first unit, meanwhile, had jumped out of his vehicle.

Davis County sheriff’s Capt. Kenneth Payne, whose office is investigating the officer-involved shooting, has said the deputy repeatedly ordered Biggs to turn off the engine and get out of the pickup, but she allegedly kept ramming the second cruiser.

It was then that Peay shot Biggs through her windshield, a decision that Rawlings wrote was likely fueled by Peay’s "concerns, fears and analysis of the situation."

"In his mind, he was protecting life from an aggressor in a vehicle that was not going to stop," Rawlings wrote.

But Rawlings concluded: "The Davis County Attorney’s Office cannot and will not say that the shooting of Kristine Biggs is squarely justified under the four corners of [Utah’s law governing a peace officer’s use of deadly force] because we believe that the better and more credible view of the evidence is that it was not justified."

Neither of the Morgan officers was injured.

— Tribune reporter Michael McFall contributed to this story.

jmiller@sltrib.com



Copyright 2014 The Salt Lake Tribune. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Top Reader Comments Read All Comments Post a Comment
Click here to read all comments   Click here to post a comment


About Reader Comments


Reader comments on sltrib.com are the opinions of the writer, not The Salt Lake Tribune. We will delete comments containing obscenities, personal attacks and inappropriate or offensive remarks. Flagrant or repeat violators will be banned. If you see an objectionable comment, please alert us by clicking the arrow on the upper right side of the comment and selecting "Flag comment as inappropriate". If you've recently registered with Disqus or aren't seeing your comments immediately, you may need to verify your email address. To do so, visit disqus.com/account.
See more about comments here.
Staying Connected
Videos
Jobs
Contests and Promotions
  • Search Obituaries
  • Place an Obituary

  • Search Cars
  • Search Homes
  • Search Jobs
  • Search Marketplace
  • Search Legal Notices

  • Other Services
  • Advertise With Us
  • Subscribe to the Newspaper
  • Login to the Electronic Edition
  • Frequently Asked Questions
  • Contact a newsroom staff member
  • Access the Trib Archives
  • Privacy Policy
  • Missing your paper? Need to place your paper on vacation hold? For this and any other subscription related needs, click here or call 801.204.6100.