BOISE, Idaho — The Office of Police Accountability (OPA) released a report Wednesday agreeing with investigations justifying the January 2023 actions of a Boise police officer who shot a man who threatened police with a knife while walking along the “Flying Wye” on I-84.
According to the Use of Force Investigative Report, the OPA concluded that it was "reasonable" for Boise Police Department (BPD) Sgt. Kirk Rush to use deadly force against Harry Chester Andrews, and that it was an act of self-defense.
On Jan. 3, 2023, police were dispatched to a man walking in the westbound lanes of the interstate. When officers arrived, they found Andrews walking on I-84 with a knife in his hand, according to the report.
Rush told Andrews to get on the ground and drop his knife. Andrews did not follow commands and ran at Rush with the knife in hand, which prompted the officer to shoot Andrews, injuring him. He was taken to the hospital and treated for his injuries.
Andrews pleaded guilty in Oct. of 2023, to aggravated assault upon certain personnel with a deadly weapon enhancement.
Andrews was sentenced to prison for 25 years on Jan. 11, 2024. The Ada County Prosecutor's Office said while police were detaining and aiding Andrews, he said to the officers, "I wanted to kill you."
On the same day as the sentencing, Gem County Prosecuting Attorney Erick Thomson released a press release that justified Officer Rush in the shooting.
OPA's report agreed with two other investigations claiming that Sgt. Rush's actions were justified under Idaho law. One investigation was conducted by the Ada County Critical Incident Task Force (CITF) and reviewed by the Gem County prosecuting attorney; the other was performed by the Boise Police Department. BPD's administrative review had no additional training recommendations for the officers involved.
The full OPA text document is below:
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