BOISE, Idaho — The Boise Police officer that shot and killed Payton Wasson in June 2023 has been cleared by the Gooding County Prosecuting Attorney, no charges will be filed.
"The facts in this case reveal that Wasson was fleeing from a suspected drug deal, grabbed toward a gun in his waistband as officers confronted him, fled from police and drew a gun as he ran, refused lawful orders to stop and drop his gun, and was running toward a crowded area when the BPD officer fired at him," prosecutor Trevor Misselding stated.
The prosecutor on Friday said he came to the decision after analyzing law and reviewing video footage and the Ada County Critical Incident Task Force (CITF) investigation.
Misselding found that officer C. Feldner was justified in the shooting of Wasson. The officer, "had cause to believe that Wasson, through his unlawful and potentially violent acts, was a continuing and immediate danger to law enforcement officers who were engaged in the lawful performance of their duties, and a danger to the public at large as he fled, armed, down a public street," Misselding stated.
22-year-old Payton Wasson was shot and killed on June 24, 2023. Boise Police officers investigated "a situation involving individuals and a vehicle involved in what officers believed were gang activity and/or narcotic sales."
Officers identified the owner of the car as Mario Garza, who was on parole. It is unclear what happened between 1 and 2 a.m., but Boise Police Chief Ron Winegar said Garza came back to his car more than hour later with Wasson and another person.
Garza was eventually arrested after police found fentanyl pills on him. Prosecutors said Wasson and that other person left the car with a backpack and a gun shortly after they returned.
Officers then started chasing Wasson. Winegar said they asked him to stop and drop the gun, which he ignored. Shortly after, Feldner shot Wasson in the head. He later died in the hospital.
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