Prosecutor: Officer’s actions justified in officer-involved shooting
IDAHO FALLS, Idaho (KIFI) - The Bonneville County Prosecuting Attorney's Office released its review of the Sept. 11, 2021 officer involved shooting incident in Idaho Falls.
Chief Deputy Prosecuting Attorney H. Alayne Bean found there is no evidence to support a criminal charge against Officer Mitchell Bierma.
In the review, Bean said Officer Bierma was justified in using deadly force to prevent Levi Jesse Bautista from injuring or killing officers or innocent bystanders.
The prosecutor said Bautista could have avoided being shot.
"He could have called 911. He could have stopped his car when he was pursued by Officer Bierma. After he was stopped, Bautista could have remained with his hands up in the Chrysler until given instructions by law enforcement. Bautista could have left the loaded Glock in the vehicle. Bautista should not have pointed the gun at Officer Bierma," Bean said in the review. "Bautista did none of those things."
The review said Bautista sustained three gunshot wounds: two to his lower back and one to his left shoulder. He was transported to the hospital to receive care, including surgery for his injuries. The latest information the prosecutor's office has is that Bautista has not regained feeling in one of his legs.
Bean concluded the review saying, "Ultimately, the responsibility for Officer Bierma shooting rests with Bautista. Bautista's own actions on September 11, 2021, constituted sufficient justification for Officer Bierma to use deadly force to prevent the serious injury or death of officers and/or innocent citizens. Officer Bierma has a duty to protect the citizens of Idaho Falls and all who come as guests to its borders. 'The existence of a law-defying element in [our] midst; the fear and feeling of insecurity that has existed; the supposed prevalence of bad, desperate and reckless men who have been a terror to the [area]' are the very things Idaho Falls' peace officers should protect the people from. Officer Bierma had an obligation to stop his dangerous and violent situation and he did."
The prosecutor's office said several individuals have been charged with crimes in connection to this incident. That investigation is not over, and it is beyond the scope of this review to comment on the charging decisions. You can read more about the incident HERE and HERE.
