SALT LAKE CITY — Criminal charges will not be filed against the Unified Police officer who shot and killed a man after he approached while holding two swords.
In a press release Friday, Salt Lake County District Attorney Sim Gill said that the use of deadly force would likely be subject to the affirmative legal defense of justification under Utah law, declining to file a criminal charge against Officer Leo Lopez.
While Lopez declined to interview, the investigation included interviews by fellow officer Eryn Sustayta, home surveillance footage, eyewitness accounts and investigators who did share details of the incident.
Investigators reviewed the 911 call, where a witness called on the night of the shooting and remained on the phone for approximately seven minutes where a man could be heard yelling "I'm going to get shot tonight" before the caller reported officers had arrived when the suspect had "just took off and the police officer is right behind him."
Interviews with the caller had described Mr. Brunson as having been drinking, came home upset while bleeding profusely from the head after standing on the bed. He had also broken the ceiling fan, and stabbed the TV with a knife before making several statements about getting shot by the police that night and retrieving some swords from the back of his car.
Officer Sustayta pulled into Creekcove Way behind her sergeant and observed the suspect vehicle had pulled into Creekcove Circle before stopping.
As her fellow officers were giving commands to the suspect, Sustayta described the suspect as returning inside the vehicle before exiting with what appeared to be swords, one in each hand as the suspect advanced on them.
Several commands to drop the swords were given before the taser was deployed when the suspect was within 10 feet of them swinging the swords "violently" and "aggressively". Officer Sustayta recalls hearing shots having been fired after the taser was deployed.
Investigators found the two swords to be 27 inches in length each.
Based on the facts of the case, the Salt Lake County District Attorney believes it is reasonable to infer Officer Lopez believed he needed to use deadly force to prevent death or serious injury and that such a belief was reasonable. Mr. Brunson had presented himself an immediate threat, advancing towards the officers and ignoring commands.
The two other present officers who were interviewed both described themselves to have been in fear for other officers and themselves of death or serious bodily injury.
