Carson City District Attorney Report: Deputy Howell acted 'justifiably' in 2015 fatal shooting
Submitted by editor on Mon, 07/10/2017 - 1:13pm
Carson City District Attorney Jason Woodbury announced Monday that a sheriff’s deputy acted in self-defense in the 2015 shooting of a domestic violence suspect. Deputy Carl Howell and Jonathon Pope were both killed when they exchanged gunfire at Pope’s residence in Carson City in the early morning hours of August 15, 2015.
The Reno Police Department, assisted by the Nevada Division of Investigation, investigated the incident for more than a year, eventually submitting thousands of documents and dozens of witness interviews for Woodbury’s review. In his 62-page report, Woodbury summarized the massive investigation and concluded Howell acted “justifiably” under Nevada law.
The report is attached below.
Woodbury said in a news release Monday that transparency was his objective with the report. When there is a death of somebody due to a use of force by a police officer, there will be a report by the district attorney’s office.
“An officer involved shooting and the violent death of an officer in the line of duty are the two most tragic outcomes when law enforcement responds to a call for service,” he said. “This incident involved both, and I felt it was important to give our citizens the opportunity to review the circumstances for themselves.”
According to Woodbury’s report, Pope became violent with his live-in girlfriend after they returned home from a night of drinking. Two neighbors called police after hearing the altercation, and Howell was the first officer to arrive. After speaking with Pope’s girlfriend outside, Howell began to approach the front door of the residence where he encountered Pope who was armed with a .357 Magnum revolver. The two exchanged gunfire, inflicting fatal injuries on one another.
Woodbury said the evidence did not conclusively establish who fired first. Woodbury explained, “Two eyewitnesses said Pope fired between two and five shots at Deputy Howell before he was able to return fire. But eyewitnesses are not infallible.” He said his office “examined and re-examined” the entire investigation in an effort to find “scientific or physical corroboration” of the eyewitness accounts.
Woodbury’s office also supplemented the investigation in hopes of resolving the issue, according to the news release.
“We performed test fires at the range, physically inspected the scene, consulted experts, everything we could do to answer the question of who fired first,” said Woodbury. “But there just wasn’t sufficient evidence for me to conclusively say, ‘yes, the eyewitnesses are right. Pope fired first.’ That’s not to say they’re wrong. They may very well be correct. But I cannot say that beyond a reasonable doubt.”
Woodbury said that the unresolved question does not weaken his conclusion that Howell acted within the law. “In the final analysis, the sequence of shots is inconsequential,” he explained. “Pope was armed, and reliable evidence establishes he consciously and willfully intended to either shoot Deputy Howell or to threaten him with the firearm. Deputy Howell perceived that threat and reacted with a proportional response. Nevada law clearly authorizes his use of force under these circumstances.”
