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Office of Police Accountability releases report on 2023 shooting of Payton Wasson

The report found the use of force was justified, but said the officers involved should have de-escalated the situation before it led to the deadly shooting.

BOISE, Idaho — The Office of Police Accountability (OPA), on Tuesday, Aug. 13, released its findings in a "Use of Force Investigative Report" of a June 2023 incident where a Boise officer shot and killed 22-year-old Payton Wasson. 

The report was in agreeance with investigations following the shooting conducted by the Critical Incident Task Force and the Boise Police Department, where the officers involved were justified in using lethal force.

However, the OPA report found the officers should have de-escalated the situation before it led to the fatal shooting.

As previously reported, on June 24, 2023, in downtown Boise, officers began investigating Wasson and another suspect, Mario Garza, who they believed were gang-affiliated and selling drugs.

The report states that officers ran the plates of a vehicle and identified Garza as the owner, who was on parole. The officers looked inside the vehicle and saw a handgun on the front passenger side floorboard. Officers called Garza's parole officer and later were instructed to arrest him.

Officers allege they saw Wasson and Garza interact with someone in a possible drug deal and began walking back to the vehicle.

Officers allowed men and women to return to the vehicle before contacting them. The OPA report states officers used the strategy because if they entered the vehicle, they would have stronger evidence of Garza's procession of the handgun.

The office said officers saw Wasson grab something from the car, and they believed it was the handgun. Officers contacted them as they began walking away, and Garza followed officer commands, but Wasson ran away.

"He pointed the gun at an uninvolved civilian and at Ofc. Feldner. Ofc. Feldner fired his duty handgun four times at Mr. Wasson, striking him once in the head. Mr. Wasson fell and dropped his gun," the report states. 

Wasson was given medical attention at the scene but later died days later in the hospital.

The report states the officers involved made the conscious decision to allow Wasson and Garza to return to the vehicle, giving them the opportunity to get the gun. 

"This decision had the consequence of allowing Mr. Wasson the opportunity to retrieve the firearm, which increased the risk of an armed encounter," the report states.

The office also found BPD supervisors should have taken control of the situation earlier rather than later.

The OPA stated that future policies should prohibit using "inherently risky dynamic techniques such as vehicle assaults."

The OPA recommends the Boise Police Department "balance its dynamic tactics and firearms training with robust and consistent training that prioritizes and emphasizes command and control, slow tactics, de-escalation, communication, and less-lethal tools during high-risk events."

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