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SALT LAKE CITY — A University of Utah criminal law professor says a former West Valley City police detective should not have been charged with manslaughter.
“The evidence that I was provided shows that the woman in question drove the car right at the officer, and left him with little choice but to try to defend himself,” said Paul Cassell.
Monday, Cassell will petition the court to drop charges Salt Lake County District Attorney Sim Gill filed against Shaun Cowley.
Cassell, who is also a retired federal judge, joined Cowley's defense team and will assist lead attorney Lindsay Jarvis.
In a letter to Bret Rawson, general counsel of the Fraternal Order of Police, Cassell said that the evidence demonstrates “a case of justifiable homicide on the part of Officer Cowley – and obviously, at the very least, a case in which criminal charges should never have been filed.”
Gill disagreed, ruling Cowley’s shooting “unjustified,” opining that Cowley’s life was never in real danger. KSL reached out to Gill for comment after learning of Cassell's letter, but Gill has not responded to that request.
Cassell also expressed concerns about possible ramifications.
“If officers become too fearful to protect their own safety, then we’re going to have a situation where there will be more victims in this community than there would be otherwise,” Cassell said.
Cowley shot and killed Danielle Willard in an apartment complex parking lot during a drug investigation on November 2, 2012.
A total of six shots were fired, two by Cowley and four by fellow detective Kevin Salmon. Gill said Cowley fired the first and fatal shot, striking Willard in the head. No charges will be filed against Salmon.
Gill had invalidated dozens of Cowley’s drug investigations unrelated to this one.
A hearing is scheduled for next month before the West Valley Civil Service Commission. That hearing is an attempt to have Cowley's firing from the police department overturned.
Contributing: Shara Park
