I.F. Police chief talks body cameras, lethal force in McVey shooting case

IDAHO FALLS — Idaho Falls Police Chief Bryce Johnson says his officers did nothing wrong in the officer-involved fatal shooting of Shane McVey.

Johnson’s remarks, delivered at a news conference Friday, reaffirmed the findings of the Twin Falls Prosecutor’s Office, which determined there are no grounds to file charges against IFPD Officer Earl Laughter III, who fired the single shot that killed McVey on Jan. 23, or Sgt. Patrick McKenna, who was present at the shooting.

“We are always reacting to what the other person is doing,” Johnson said. “Given everything the officers knew, what they saw, what was occurring — they acted as they were trained and supposed to do.”

Johnson said neither of the officers were wearing body cameras when McVey was shot coming up the steps of a dark apartment building stairwell. Several officers who arrived later were wearing cameras.

“We don’t have enough body cameras for all of our officers,” he said. “We’ve got enough body cameras to cover about half of our patrol officers. So, they just didn’t have them. We don’t have enough for everybody.”

Later, when speaking to EastIdahoNews.com, Johnson said the lack of body cameras is due to a lack of funds, though he wants every officer to have a body camera eventually.

Many EastIdahoNews.com users have asked why officers did not use a non-lethal force, such as a Taser. According to the investigation, McKenna did have his Taser activated, but he did not deploy it.

Prosecutor: McVey was on drugs when he charged and pepper sprayed an officer before being shot

Johnson said McKenna did not deploy his Taser because, prior to it being deployed, two laser dots appear showing where the two prongs will hit. Johnson said McKenna was only able to get one of the dots on McVey from where he was positioned next to Laughter because McKey was moving quickly up the stairwell.

“Sgt. McKenna was standing to the left, and Officer Laughter was standing to the right,” he explained. “So Officer Laughter had the view down and could see what Mr. McVey was doing with his hand. Sgt. McKenna could not see that. So, as Sgt. McKenna was watching, the hand was obscured. He couldn’t see the can of pepper spray come up.”

According to the investigation report, it was when McVey quickly charged toward and started to shoot pepper spray at Laughter that the officer fired his gun. Laughter was afraid that if he was hit by the pepper spray, it would have incapacitated him, and McVey would have been able to take the officer’s gun possibly kill him.

The incident began in the parking lot of Common Cents near North Corner Avenue and Elm Street. Laughter responded to a call of a “suspicious person,” who ended up being McVey. Witnesses said he was trying to light a fire behind the store. Johnson said he believes McVey may have been attempting to refill a flat tire using a technique that requires a blow torch. He said there is no evidence to indicate McVey was attempting to start a fire.

When officers arrived, McVey ran across the street to a nearby apartment building. Laughter performed a search McVey’s license plate and found he was wanted on several outstanding warrants.

Officers followed his footprints in the snow and found him in the stairwell of the building. They tried to apprehend him and told him several times to put his hands in the air. In a matter of seconds, Johnson said McVey rushed the officers and that’s when Laughter fired his gun.

McVey was shot an artery in his shoulder. Laughter and McKenna began CPR and body camera audio from other officers, released by the Idaho Falls Police Department, indicates life-saving measures were performed for at least 11 minutes until an ambulance arrived and transported McVey to Eastern Idaho Regional Medical Center. McVey was then declared dead.

AUDIO: Police tried for 11 minutes to revive man after he was shot by officer

The incident lasted 22 minutes from the time the call came in to the time McVey was taken to the hospital.

An autopsy of McVey showed that he died from a single gunshot wound. Toxicology reports indicated the presence of methamphetamine and amphetamine in his blood. A search of McVey’s truck uncovered a syringe from the driver’s door pouch, and two syringes, one with dark liquid that tested presumptively positive for methamphetamine, found inside a backpack.

During their investigation, authorities discovered a letter sent to the Bingham County Prosecutor’s Office, where McVey indicated he would not be taken by police alive.

READ THE INVESTIGATIVE MEMO FROM THE TWIN FALLS COUNTY PROSECUTING ATTORNEY

“So know this Sir (Bingham County Prosecutor), when your boys in blue come to get me you ask yourself if this bulls— charge is worth my life, cuz I swear to GOD all mighty I’m gonna make them shoot me. If I have to choss (sic) between jail or going to my maker, I’m going to the grave, Sincerely Shane McVey,” the letter says.

Johnson said neither of the officers had prior knowledge of this letter, but when it came to light during the investigation, it corroborated McVey’s actions.

McKenna has returned to work since the incident but Laughter is still on leave. Johnson said Laughter is welcome back on the force full-time when he is ready, but he recently had surgery and it may be a while before he returns to active duty.

Johnson said his department and officers will review this shooting and try to learn as much as they can from it.