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SALT LAKE CITY — Police officers from the West Valley City Police Department and the Utah Highway Patrol were exonerated Monday, after shooting and killing an armed, fleeing suspect during a June 24 incident.
Jesus Merino, 31, was shot in the heart, liver, both lungs, his head and his neck, and a medical examiner removed 14 bullets from his body during an autopsy, according to a statement from Salt Lake District Attorney Sim Gill.
West Valley City police Det. John Dietrich and Det. Mike McPhie were both shot and injured by Merino during and after a high-speed chase that ended near Valley Fair Mall that night.
Merino, who is a documented gang member and has an extensive criminal history in Utah, was believed to have robbed a gas station near 3800 West and 5400 South in Taylorsville, at about 9 p.m. on June 24. Police followed and tried to arrest him, but Merino became "more agressive and reckless in his driving pattern," according to police reports.
As Merino fled onto Bangerter Highway at about 2400 South, police said he fired a handgun at them multiple times. A bullet hit one officer's windshield and another grazed the side of the same officer's face.
Merino kept driving, winding himself onto state Route 201 and I-215, traveling at speeds of "up to 90 mph."
Officers said Merino was driving "all over the road," and tried to ram an officer with his vehicle, according to Gill's report of an investigation that followed the incident.
Merino hit road spikes set up by West Valley officers and lost control of his vehicle at about 2400 West and 3500 South, under the I-215 overpass near the mall. He got out of his car and immediately pointed his gun at the pursuing officers.
At least six officers had been in pursuit or were helping to apprehend Merino at the time.
Det. Dietrich, who was among those at the scene, later told investigators that he believed Merino was going to hurt someone or try to steal a car. "We gotta stop this right now or someone's really gonna get hurt," Dietrich said he thought, prior to physically hitting Merino with his police vehicle.
"The only option I had to stop him was my car and so I just hit that gas as hard as I could and took an aim with my car right at him and just remember hitting him as hard as I can," Dietrich told investigators. Merino fell to the ground in front of the police vehicle, but still held the weapon in his hand and began firing at the officers while attempting to get up.
Merino ended up shooting Dietrich in the leg. According to the report, Dietrich was never able to return fire. Merino also shot McPhie through the door of his police car. The bullet went through both of McPhie's thighs and McPhie wasn't able to retrieve his own weapon in defense.
UHP trooper Steve Marble approached the scene without lights or siren and Merino never appeared to notice him, documents state. While Marble was concerned that bullets might hit other officers, he fired at Merino and "stopped when Merino stopped moving," because "obviously … their lives (we)re in danger," he said.
Marble fired 15 rounds from his gun.
West Valley City officer Levi Lloyd was also on the scene and had a different vantage point on Merino. "In fear for his safety and the safety of the other officers," as stated in the report, Lloyd "started firing and continued until Merino went down."
Thirteen rounds were missing from Lloyd's gun following the incident.
Officer Josh Fife also shot at Merino, from a different location and said he felt deadly force was necessary because it was "by far the scariest experience in my life." Fife's gun was missing five rounds.
In all, officers fired 33 bullets at Merino.
Gill's office on Monday ruled the use of such force was legally justified, that the officers were correct to shoot at Merino to prevent escape and the threat of injury or death to the officers or others.
At the time of the shooting, Merino was a paroled fugitive, with an outstanding warrant outstanding for his arrest in connection with a June incident of alleged aggravated kidnapping and multiple armed burglaries. He had not been in contact with his parole officer and had served jail time for prior convictions involving drugs, robbery, theft and assault.
The officers involved in the apprehension of Merino have been cleared of any wrongdoing and have returned to work.
Email:wleonard@ksl.com
