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SALT LAKE CITY — Even though the district attorney determined a Salt Lake police officer was not legally justified when he fired eight shots at a teenager, no criminal charges will be filed against him.
Salt Lake County District Attorney Sim Gill announced Tuesday that while there is probable cause to file charges, he does not believe his office would likely obtain a conviction at trial.
"My burden of proof is beyond a reasonable doubt," Gill said. "Taking everything into consideration, we wouldn't have a successful outcome. I have an ethical obligation not of waste taxpayer dollars. We don't file for the sake of filing."
Gill said his office is considering whether to file a misdemeanor charge of reckless endangerment.
On May 8, Matthew Giles fired eight times at a juvenile in a stolen car attempting to flee police near 1600 West and 400 South. The teen had already purposely rammed a police car in an attempt to escape.
Giles told prosecutors he feared for his life as the fleeing car sped toward him, so he fired his weapon. Logistically, however, the D.A.'s office determined it would have been impossible for the officer to fire as many times as he did if everything happened the way he claimed.
The officer's statements and the factual evidence from the case did not match, and Gill determined the shooting was not legally justified.
After an officer-involved shooting is determined not to be justified, the district attorney then reviews the case for possible criminal charges. In this incident, Gill declined to file charges, even though he said probable cause exists.
The quality and quantity of the evidence is weighed in determining whether to file charges, he said.
"Anybody can file charges. But I have to have the quality and quantity of evidence that will provide a reasonable likelihood of success at trial," he said Tuesday.
Giles still faces an internal investigation from the Salt Lake City Police Department.
Email:preavy@ksl.com
