Estimated read time: 5-6 minutes
SALT LAKE CITY — Three Salt Lake police officers were legally justified when they shot and killed an armed fugitive who broke into a random house while trying to avoid being arrested, the Salt Lake County District Attorney's Office announced Friday.
On Jan. 13, 2023, just before 3 a.m., the Salt Lake police gang unit found a vehicle in an alley near 1300 W. Arapahoe Ave. (660 South) believed to be connected to two men who both had felony warrants for their arrests. One of those men, Penisimani Manupuna Halai, 41, was wanted for aggravated robbery and was known to carry weapons, according to police.
As officers attempted to get the men out of the vehicle at gunpoint, the driver — Halai — put the car in reverse, hitting a parked car and driving through a fence and yard in front of him to get away.
Two police vehicles are hit as a short chase ensued. The pursuit ended when police spiked the car's tires and Halai crashed into a parked car near 500 N. Star Crest Drive (1840 West). Halai got out of the car and ran while the passenger remained in the vehicle.
Salt Lake police released a dozen body camera videos a little over a year ago connected to the incident.
In the videos, officers with guns drawn are seen surrounding Halai who is standing in front of a nearby house. They yell multiple times, "Show us your hands" and "Get on the ground."
But Halai can be heard yelling obscenities at the officers as he ignores their commands and is seen reaching for his waistband. And at one point, an officer is heard saying, "He has something in his hands."
A shot is then heard in the video, followed by a pause, and another shot from another officer. A Taser was deployed by officer Miles Southworth, but it appears to be ineffective. District Attorney Sim Gill's report says Sgt. Moronae Lealaogata fired the first shot and detective Brendyn Scott fired a second shot.
"He's trying to get into the house," an officer is heard yelling. Moments later, Halai breaks through a glass basement window. Police say he had no connection to the home that he broke into.
Immediately, several officers go to the window as several others go to the front door and kick it in to make entry. Moments later, three more shots are heard in succession.
Southworth went to the basement window and could see Halai holding a knife, according to the district attorney's report.
"After hearing voices inside the home, officer Southworth quickly fired three times at Mr. Halai through the window," the report states.
"I'm laser-focused watching him. And again, giving him commands, I see the knife," Southworth told the officer-involved critical incident team investigating the shooting. "And then all of a sudden I hear voices on the other side of the door. ... And I hear voices and, all of a sudden, I know there's innocent people right there.
"And that's when I fired. Had zero time. There's no time. Fired as fast as I possibly could, and I went in as fast as I possibly could to try and prevent those people from getting hurt," he continued.
Body camera videos initially released by police were cut off at that point. But according to Gill's report, Southworth and a second officer entered the basement through the window and "wrestled with Mr. Halai to remove the knife from him" and placed him under arrest. Gill also showed the video recorded after the officers entered the basement to go after Halai.
"We've got to get in there," Southworth says before entering through the same window Halai broke out. Officers are then heard yelling, "He's got a knife" and "Drop the knife" several times.
Two residents in the house said they were sleeping when they heard the gunshots and commotion in their kitchen. They entered the kitchen to see two police officers wrestling Halai to the ground.
An autopsy determined that Halai had been shot once in the stomach. He was initially taken to a local hospital and was thought to be doing better and even transferred out of the intensive care unit, Gill's report states. Detectives were able to question Halai who claimed he was high on drugs and "tweaking" on the night of the shooting and had not slept in several days. But Gill says Halai's condition worsened while he was in the hospital and on Jan. 21, he died from sepsis caused by his injuries.
During a press conference Friday, Gill thanked the officers who provided statements about the shootings rather than declining to speak with investigators, as many local police officers do.
"This gives us a far more complete picture," the district attorney said of understanding what happened so he can make a determination whether a shooting is legally justified.
Gill pointed to Scott's statement as an example, as his point of view provided a perspective not captured on body camera video.
"I feared the contact team of officers did not have a clear view of what Pensimani was doing with his hands due to him blading away his body from their view. ... I feared Pensimani was pulling out a weapon from his waistband and Pensimani was going to cause injury or death to officers," he said on why he fired his weapon.
Gill also singled out Southworth who in body camera video can be seen at one point approaching Halai with a gun in one hand and a Taser in the other.
"I thought Southworth showed incredible courage," the district attorney said.
