Wyoming District | U.S. Attorney’s Office Decision Not to Prosecute an Officer in Fatal Shooting Incident

The United States Attorney’s Office for the District of Wyoming announced that federal authorities will not pursue criminal charges against the Wind River Police Department officer involved in the fatal shooting of Terrance Skye Posey. The incident occurred on the Wind River Indian Reservation and was thoroughly investigated by the FBI, with prosecutors from the U.S. Attorney’s Office and the Civil Rights Division’s Criminal Section of the Department of Justice carefully reviewing the evidence and concluding that the officer did not violate Posey’s civil rights or act in self-defense.

The investigation revealed that the officer was dispatched to Posey’s residence after two individuals reported that Posey had threatened them with a knife and was outside with a BB gun. When the officer arrived, the individuals were still inside the home and asking for help. Posey refused to come outside when asked by the officer, instead pointing a weapon at the officer through a window in the door. Despite being ordered to drop the weapon, Posey continued to track the officer with the weapon, leading the officer to believe that Posey intended to shoot him. The officer then shot Posey through the door, later discovering that the weapon was a BB gun that closely resembled a firearm.

Federal prosecutors determined that the evidence was insufficient to bring criminal charges against the officer, as they could not establish beyond a reasonable doubt that the officer did not reasonably believe the force he used was necessary for self-defense against an immediate threat. They also could not prove beyond a reasonable doubt that the officer acted unreasonably or with the specific intent to violate Posey’s constitutional rights. Following the decision, federal authorities notified Posey’s family of the outcome.

The decision to not file criminal charges against the officer was based on the application of legal principles and the Principles of Federal Prosecution. Prosecutors concluded that the evidence did not support the officer acting unreasonably or unlawfully in the circumstances of the shooting. The officer believed that Posey posed an immediate threat of death or great bodily harm, and thus acted in self-defense. The investigation and review process took into consideration all available evidence and witness statements.

It was determined that the officer’s actions were justified based on the perspective and information available to him at the time of the shooting. The officer followed protocol in responding to a potentially dangerous situation and believed he was facing a serious threat to his safety. The decision to not pursue criminal charges highlights the complexities and challenges of evaluating use of force incidents, particularly in cases involving the interpretation of perceived threats. The federal authorities emphasized the thoroughness of the investigation and review process in reaching this determination.

The announcement of the decision not to charge the officer in connection with Terrance Skye Posey’s death highlights the importance of thorough investigations and legal review to determine accountability and justice in such cases. It also serves as a reminder of the complexities and challenges faced by law enforcement officers in making split-second decisions in high-risk situations. The federal authorities’ decision not to pursue criminal charges against the officer in this case was made after careful consideration of all available evidence and legal principles, ultimately leading to the conclusion that the officer’s actions were justified in self-defense.