SALT LAKE CITY — A Salt Lake police citizen review board has determined that an officer-involved shooting in February near the homeless shelter was not within department policy.

The decision announced Friday comes less than a month after the Salt Lake County District Attorney's Office determined that two Salt Lake police officers were legally justified in using lethal force against a 17-year-old boy who was allegedly attacking a man on Rio Grande Street with an aluminum mop handle.

But while the five-member Police Civilian Review Board decided the shooting did not follow the Salt Lake City Police Department's policy of when to use deadly force, the panel also concluded that Abdi Mohamed clearly disobeyed repeated commands to stop and drop his weapon.

The problem, according to the report, was that the man Mohamed was allegedly attacking didn't appear to be overly concerned that his life was in imminent danger.

The panel's decision seems to be heavily influenced by video recorded of the incident by the two officers' body cameras. As of Friday, the video, which has become a topic of much debate, has not been publicly released as District Attorney Sim Gill says it could be used as evidence in ongoing criminal proceedings against the man who was shot.

The police department released a brief statement regarding the report on Friday. In it, the department says it agrees with the decision to make the panel's report on the high-profile case public, but declined to answer questions about how the board's findings might affect what happens to the officers.

"The department values and takes seriously all input, which helps us implementing suggestions and training that benefit our employees and the community we serve. This helps us, the women and men of your police department, constantly adapt and improve to serve Salt Lake City," according to the department.

On Feb. 27, Mohamed was shot four times by Salt Lake police officers Kory Checketts and Jordan Winegar after they saw him holding a 3-foot pole and he disobeyed their commands to drop it. The officers believed the boy was about to use the metal broom handle to hit a man who they already believed he had struck, according to the district attorney's office report.

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Two Salt Lake police officers were legally justified when they shot a 17-year-old boy who was allegedly attacking a man on Rio Grande Street near the homeless shelter in February, the Salt Lake County District Attorney's Office announced Monday.

Mohamed, who turned 18 in April, was later charged in juvenile court with aggravated robbery, a first-degree felony, and drug possession with intent to distribute, a second-degree felony. Prosecutors have filed a petition to have Mohamed certified to stand trial as an adult.

According to the 12-minute video from Winegar's body camera, the man Mohamed was allegedly attacking can be seen retreating at a slow pace, and Mohamed advances on him as fast as the man was backing up, the report states. The man is seen retreating with his hands in the air.

"After repeated commands from both officers for (Mohamed) to drop the metal pole, both officers fire nearly simultaneously," the board's report states.

Winegar, who fired three of the four shots, is heard telling another officer that he saw Mohamed hitting the other man with a "pipe," the report states. He then is heard talking to the alleged victim: "… He was hitting you with the pipe, right?"

Checketts, who was in the area investigating an unrelated stolen cellphone, can be seen and heard on his video using his flashlight to get Mohamed's attention and yelling at him to "put it down," according to the report.

"Both officers give multiple and repeated commands to the unseen person to 'put it down' and 'police,'" the report states.

But while Mohamed can be seen advancing on the man, the review board noted: "There does not seem to be much urgency on either's part. In other words, (Mohamed) is advancing at a leisurely pace while (the victim) is retreating at the same pace. At no time is (the victim) heard pleading to (Mohamed) to stop, nor does (the man) turn and run away from (Mohamed). This lackadaisical approach and retreat is very confusing to watch."

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According to the panel members analyzing the video recordings, from the time the officers "reacted to the initial confrontation" to when they fired their weapons was 21 seconds.

The videos "absolutely confirm" that the officers gave Mohamed repeated commands to drop the pole, which was further confirmed by the fact the man he was with immediately dropped his weapon and ran. The panel also said it was reasonable for both officers to assume that Mohamed was about to attack the man again.

The panel also notes that tear gas, a Taser or tackling Mohamed were not reasonable options for the officers with what they knew about the situation at that time.

But because there was no urgency in the movements of Mohamed or his victim, and because the video did not clearly show Mohamed raising the pole as if preparing to hit the man again, the review panel determined the shooting was "not within policy."

When the district attorney's office later interviewed the man allegedly being attacked by Mohamed, he told them "he believed the young man would have killed (him) 'very easily.'" He further stated that "he believed the officers saved his life and that the officers put themselves in jeopardy to protect him," according to Gill.

Michael Millard, President of the Salt Lake Police Association, offered the following statement:

The board exists because the City would like to gain a citizen perspective on use of force cases with the police department. However, any decision made by the Civilian Review Board is meant only to be a different perspective. The findings are not binding in any manner. The board has an investigator, but the opinions are a lay man's opinion. Sim Gill performed an exhaustive investigation into this case and brought in several experts from different fields to weigh in. All opinions were the same and were consistent with Utah State Code. This case is supposed to be based on the Officer's perspective not the arm chair quarterback perspective. It is inappropriate to make statements like, 'The victim handed the pipe to the suspect, so the victim should have known the pipe could not have hurt him because it was hollow and somehow the officers should taken that into account.' Or 'the victim and the suspect did not move fast enough, so the officers should have read the situation differently.' What is fast enough? Did board identify how fast is justified or how slow is not justified? The board also can not know without training, experience or expert testimony, how the officer read the environment surrounding the event. The law requires the case to be based on the actions and intent of the officers based what they were able to determine in the very few seconds they had to gather information and read the scene. That is what Sim Gill did and he did a very good job at it. It can not take into consideration a consensus of individuals who talk about a situation and at great length and come to a conclusion as to how they would have handled it after the fact. Sim Gill and the Department Internal Affairs Unit relied, on the facts, and the experts when they made there determination in this case. I am proud of the two officers, I believe they acted appropriately and compassionately when they ran to the aid of the victim in this case. Michael Millard, President Salt Lake Police Association

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