BOISE, Idaho — Two Baker City, Oregon police officers were deemed justified by the district attorney in the shooting, and subsequent injury, of a Boise man while conducting a traffic stop on Jan. 2.
According to a news release by Baker County District Attorney Greg Baxter, the two officers, Mason Powell and Mark Powell, will not be facing criminal charges for shooting 30-year-old Justin Douglas Burkeen from Boise.
As KTVB previously reported, the incident happened at approximately 2 a.m. near Clark Street and Church Street in Baker City, Oregon, according to Baker County Sheriff's Office (BCSO).
Baxter revealed Wednesday, Jan. 10, that Burkeen was a passenger in the vehicle when the two officers pulled the car over. When the officers approached the car, Burkeen allegedly had a gun on his lap, which he said wasn't real, before trying to hide it between his legs.
Baxter's report stated that the officers recognized Burkeen from an incident that occurred several weeks prior and that he wouldn't comply with the officers' questions.
Baxter said officers then asked Burkeen to get out of the vehicle and pulled the car door open, which is when he pulled the gun from between his legs and fired it at Officer Mark Powell.
Both officers responded by shooting Burkeen. The gun was later identified as a BB gun, and what was thought to be a bullet fired at Powell, was a pellet.
Burkeen was taken to the hospital for his injuries. At the time of this publication, he is still being treated at a Boise hospital, Baxter said.
"There have been many rumors about this incident within our community," Baxter said. "It is important that the public have the trust of our law enforcement members and that they know that these two officers acted appropriately during this tragic incident."
Baxter told KTVB Burkeen isn't currently charged, and a grand jury will review the case to determine if there are any charges.
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