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SALT LAKE CITY — A West Jordan police officer who in June shot a man wanted in connection with a shooting earlier that same evening has been cleared by the Salt Lake County District Attorney's Office.
District Attorney Sim Gill on Monday determined that West Jordan police officer Nicholas Dailami was justified in using deadly force against Andrew Jeorge Davison Thomas.
Thomas, 24, survived his injuries and was later charged in 3rd District Court with discharge of a firearm causing serious injury, a first-degree felony, and possession of a firearm by a restricted person, a second-degree felony.
On June 15, Thomas got into an argument with another man in the parking lot of Barbary Coast Saloon, 4242 S. State. Thomas yelled, "Say I won't! Say I won't!" before shooting Paul Woirhaye in the stomach, according to charging documents.
The shooting was recorded on one of the bar's surveillance cameras.
Thomas fled from the bar, and information about the incident was sent out to local police. West Jordan officer Nicholas Dailami, who was about to end his shift and go home, noticed the car stopped next to him at a light matched the description of the man police were looking for.
Thomas did not pull over for Dailami. Eventually, Thomas pulled up to a house in Taylorsville and went toward the door. Dailami ordered Thomas to stay inside his car. He ignored the officer's orders, "telling him that he didn't have to listen to him," charging documents state.
"Officer Dailami ordered the driver to stop, but he did not. Officer Dailami ordered Mr. Thomas to show his hands, but Mr. Thomas kept his hands inside his pants’ waistband. It looked to officer Dailami as though Mr. Thomas was manipulating something inside his waistband, and officer Dailami feared he had a gun," according to the district attorney's report.
As Thomas continued to ignore orders to show his hands, "officer Dailami said he saw Mr. Thomas turn toward (him) and put his hands down his waistband. Officer Dailami said he believed Mr. Thomas was retrieving a gun to shoot him," the report states. "Officer Dailami said he recognized (Thomas') movement as 'someone trying to draw a weapon from a concealed position.' Officer Dailami said he heard a sound that sounded like a gunshot."
Dailami opened fire on Thomas, shooting five rounds. After Thomas was shot and paramedics were attending to him, a 9 mm handgun fell from his right pant leg, according to the report.
"Investigators documented that the handgun had a 'stovepipe' malfunction, which investigators said commonly occurs when a handgun is fired but does not completely eject the spent cartridge," the report stated.
Investigators could not determine when the weapon was fired.
Based on the fact that Thomas was already wanted in connection with one shooting, had disobeyed the commands of the officer to show his hands and then appeared to be reaching for a weapon, Gill determined Dailami was justified in using deadly force.
