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ROOSEVELT — A Roosevelt police lieutenant who shot and killed an armed man during a standoff in May has been demoted and reassigned.
Grant Charles, an attorney for the city of Roosevelt, confirmed Wednesday that a shooting review board determined Pete Butcher followed police department policy when he used deadly force against Kevin Vance Norton, but he did so with "substandard performance."
Based on that finding, Roosevelt Police Chief Rick Harrison demoted Butcher to the rank of sergeant and reassigned him from investigations to patrol, Charles said. Additional details about the review board's findings were not released because Butcher can still appeal the chief's decision.
On May 3, officers from a number of police agencies responded to reports of a suicidal man with a gun near Uintah Basin Medical Center. The officers said they found Norton — the target of their search — in a wooded area that borders a residential neighborhood near the hospital. He had a loaded .22-caliber derringer.
Police spent nearly an hour trying to de-escalate the situation, but Norton refused to give up his gun and continued to point it at officers, according to a review of the incident conducted by the State Bureau of Investigation and the Utah County Attorney's Office.
At one point during the incident, police said Norton "moved forward with the gun to his chin and stated, 'They're going to kill my wife and kid.'" That's when Butcher asked Harrison whether he should retrieve a shotgun and some less-lethal "bean bag" rounds from his patrol vehicle, investigators said. The chief approved the request.
When Butcher returned to the wooded area he had loaded two bean bag rounds into the shotgun and was carrying a third. The shotgun was also loaded with four "live rounds," investigators said.
Norton still refused to surrender his gun and an officer deployed a Taser. It didn't appear to be effective, investigators said, because Norton pointed his gun at an officer while on the ground and then began rolling down a hill.
As Norton rolled, Butcher fired a bean bag at him while another officer fired a Taser. Neither weapon appeared to be effective, Utah County prosecutor Mariane O'Bryant wrote after her review of the evidence and witness statements.
"Mr. Norton continued to hold onto the gun and appeared to be attempting to regain his footing," the prosecutor wrote. "Lt. Butcher fired another bean bag round. Mr. Norton came back up to his knees, facing officers to the other side of Lt. Butcher."
Norton was still holding his gun "despite continual orders" to drop it and Butcher fired a "live round" into Norton's back, O'Bryant wrote.
"At the time he fired the third shot, Lt. Butcher believed that the shot was another bean bag round, rather than a live round," O'Bryant wrote, pointing out that the use-of-force analysis for lethal and less-lethal actions is the same because "less-lethal actions present a risk of death, although to a lesser degree than live rounds."
During the entirety of this incident, officers at the scene believed that Mr. Norton could and might fire upon any of them at any time. Several officers stated that Mr. Norton pointed the gun at them, and all the officers believed that Mr. Norton's actions put their lives or the lives of others at risk.
–Utah County prosecutor Mariane O'Bryant
Based on her analysis, O'Bryant determined Butcher was legally justified in using deadly force against Norton and declined to file charges against him.
"During the entirety of this incident, officers at the scene believed that Mr. Norton could and might fire upon any of them at any time," O'Bryant wrote. "Several officers stated that Mr. Norton pointed the gun at them, and all the officers believed that Mr. Norton's actions put their lives or the lives of others at risk."
Norton, 36, was on felony probation at the time of the shooting. Officers said they took him to the hospital once they realized the extent of his injuries, but he died a short time after reaching the emergency room.
Norton's wife, Jill Norton, has questioned the police account of the shooting and has retained an attorney in anticipation of a lawsuit.
The standoff and the shooting that ended it were captured on body cameras worn by two officers. Charles said Wednesday he was still reviewing a public records request for the release of the videos and other recordings.
Butcher, a veteran law enforcement officer with 17 years' total experience, has worked for the Roosevelt Police Department since 2008. He was placed on paid administrative leave after the shooting and returned to duty Monday.
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