(Stillwater, Okla.) – Payne County District Attorney Laura Austin Thomas today cleared Cushing Police Master Patrol Sergeant Justin Sappington of any wrongdoing in the fatal shooting of 20-year-old Shawn Allen Hall of Ripley outside his ex-girlfriend’s Cushing residence on Aug. 30.
Noting that the Oklahoma State Bureau of Investigation determined that Hall was armed with two handguns – one of which he pointed at officers and three persons in Hall’s ex-girlfriend’s yard — the DA commended Sappington for his quick thinking.
The police officers and the people targeted by Hall “are alive because of the professionalism, training and quick thinking of Master Sgt. Sappington, “ who had approximately 15 seconds to judge the scene before him and make decisions that saved lives including his own.
“It is obvious Shawn Hall was not going to disarm and his intent to kill was equally clear,” the DA said a news release today.
Sappington and Officer Boone Bruggman shouted multiple commands to Hall to drop his weapon, the DA said.
“Hall made absolutely no effort to comply.
“With no less than six lives in immediate threat of serious bodily harm, Sappington fired one shot, striking Hall in the head.
“Hall immediately fell to the ground. He was dead at the scene,” the DA said.
Both officers ran immediately to Hall and secured him with handcuffs, the DA said.
“They discovered he possessed not only the gun he pointed at the residents, but also a second gun on his person.
“Both guns had fully loaded magazines and chambered rounds. All witness statements supported the actions of the police officers,” the DA said.
Under Oklahoma law, a law enforcement officer is “justified in using deadly force when the officer…reasonably believes the use of force is necessary to protect himself or others from the infliction of serious bodily harm,” the DA noted.
“Sappington was faced with an ‘unwanted person’ who looked directly at him as he arrived and who pointed a firearm at three people in the yard and at the truck of the residence.
“He was faced with an individual who took this action knowing a police officer was on the scene.
“He was faced with an individual who continued to point a weapon at three other persons as two police officers told him numerous times to drop his weapon.
“He was faced with an individual who made absolutely no effort to comply with the demands of the police.
“Sappington was justified in his belief that his immediate use of deadly force was necessary to prevent serious bodily injury to himself, his fellow officer and the three individuals in the yard and at the truck.
“All of this occurred within approximately 15 seconds.
“I find the use of deadly force by Sappington was justified and appropriate under the law and the facts, and thus no charges or action by the District Attorney’s Office are warranted,” the DA said in her news release today.
Unknown to the police at the time of their response to the residence, but gathered from further investigation by the OSBI were the following facts, the DA said:
“Prior to the arrival of police, Hall had driven across town with a friend to see if his former girlfriend’s new boyfriend’s car was at her home on South Little. Once he observed the vehicle was there, Hall left his own vehicle and retrieved a baseball bat.
“He told his passenger friend to leave and not come back and walked to the home with the bat. He pounded on the door.
“His former girlfriend came out and tried to calm him down. He demanded to speak to the other male in the home.
“He beat the mailbox with the bat. The mother of the former girlfriend called the police.
“Hall demanded the boyfriend, who was now in the front yard, come closer and talk with him. He put the bat in the back of his truck.
“The potential victims were all unaware that Hall was armed with two handguns on his person until the police arrived and he pointed one of the weapons at them.
“The former girlfriend had received texts that evening and in the early morning hours from Hall which stated that, ‘I would not make empty threats and you (the girl) know this…I will not see the sun rise.’ There were at least two of those texts before he arrived at the home.
“Two hours before Hall went to the house, he bought ammunition at Walmart for multiple firearms,” the DA said.
When law enforcement searched his truck on a warrant after the shooting, officers found that Hall had:
* the Walmart receipt for ammunition bought on Aug. 30,
* ammunition for a 9 mm, .380 and 12 gauge shotgun,
* two fixed blade hunting-style knives, one with a holster belt,
* a loaded 9 mm magazine with holster,
* a box of 9 mm Luger ammunition,
* a box of .223 rifle ammunition,
* a black synthetic rifle stock,
* a sock with miscellaneous rounds of .22, .556 and 30-06 cartridges,
* a cane with a concealed dagger,
* a break-over .223 rifle with scope and sling,
* a break-over 12 gauge shotgun with wooden stock,
* a .22 rifle barrel,
* a metal baseball bat.
The DA commended the professionalism of the Cushing Police Department and Chief Tully Folden, whose “decision to call in the OSBI to conduct the full investigation of the officer’s actions was very much warranted and appreciated by my office.
“The collaboration and cooperation of all law enforcement involved is typical of what I have come to expect in Payne County.
“The Payne County Sheriff’s Office provided immediate assistance to Chief Folden.
“The Stillwater Police Department provided technical assistance upon request, and the OSBI responded promptly and conducted an excellent investigation,” the DA said.
In reaching her conclusion that the officer was justified in his actions, the DA said her office “reviewed the investigative reports of the OSBI, photographs, witness statements, Master Sgt. Sappington’s dash cam video and other documents contained in the report of the OSBI presented to my office on Sept. 17, 2015.”
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