Officers justified in deadly Garden City shooting, prosecutor finds

Officers who shot and killed a man outside the Garden City Police Department building in September of last year did not act illegally, the prosecutor reviewing the investigation of the incident said this week.

Two Boise Police and two Garden City Police officers fired several shots at Anthony Bauer the morning of September 26, 2016, after, they say, Bauer raised a handgun in a threatening manner towards officers and drove toward the officers.

In a joint news release, Boise and Garden City police say the incident began when Ada County Sheriff’s deputies responded to a report of suspicious behavior on East Elliot Street in Eagle. They say Bauer refused orders to stop, and got into a white Dodge Durango SUV and drove away. The Durango was later determined to be stolen, with fictitious license plates.

Boise and Garden City officers saw the SUV near the Garden City Police Dept. building, and followed it into the parking lot. That’s where police say Bauer displayed a weapon and refused officers’ orders to drop it. Officers said they feared for their safety as Bauer was driving toward them while showing the weapon.

After officers fired the shots, Bauer crashed the SUV into the building.

Twin Falls County Prosecuting Attorney Grant Loebs reviewed the Critical Incident Task Force investigation of the incident. Idaho State Police led that investigation.

“The facts in this case reveal that Mr. Bauer, through his unlawful acts, made himself a clear and immediate danger to law enforcement officers who were engaged in the lawful performance of their duties, and a serious potential danger to the public at large,” Loebs said. “The actions of the officers who fired upon Mr. Bauer, therefore, were justified and not illegal.”

In the investigation that followed, the CITF found that Bauer may have intended to get officers to use deadly force as a method of suicide.

An autopsy conducted by the Ada County Coroner showed that Bauer had both amphetamine and methamphetamine in his blood at the time of his death. Bauer was 52 years old.

The officers involved in the shooting were identified as:

  • Garden City Cpl. Scott Crimin
  • Garden City Officer Joel Ellsworth
  • Boise Police Officer Jason Green
  • Boise Police Officer Joe Martinez

Again, the prosecutor reviewing the CITF investigation has determined that their actions were justified.

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