The Buchanan County Prosecutor’s Office announced Thursday that it will not be filing charges in an officer involved shooting which resulted in the death of Jason Fanning earlier this year.

As we previously reported, Fanning, 27 of St. Joseph was fatally wounded in the shooting incident that took place Feb. 20 at the intersection of 20th and Charles St.

According to a news release, the prosecutor’s office conducted an extensive investigation into the incident. Prosecuting Attorney Dwight Scroggins said a law enforcement officer is allowed to use deadly force if that officer has a reasonable belief that the use of such force is necessary to protect another from serious physical injury or death.  Therefore, no criminal charges are being pursued.

Scroggins said on Feb. 20 an officer with the St. Joseph Police Department and an unarmed Sheriff’s Department Reserve Officer passenger were on routine patrol around 2:30 in the morning when their attention was drawn to the vehicle driven by Fanning.  After checking the license plates it was discovered that the registered owner, Fanning had an oustanding warrant.

“Officers had not yet attempted a vehicle stop when the Fanning vehicle turned south on 20th Street.  The officers also turned south,” Scroggins said. “One block south at 20th and Charles Street, the subject vehicle made a belated turn into a private driver.  The SJPD officer stated he believed the individual was going to attempt to exit the vehicle and either go into the house or attempt to flee.”

Scroggins said the officer did not turn on his emergency lights at that time and therefore the dash camera in the vehicle was not activated.

“The Officer also pulled into the driveway, quickly got out of his vehicle and approached the Fanning vehicle.  He identified himself as a law enforcement officer,” Scroggins said. “Fanning did not exit the vehicle has instructed by the officer.  He again pulled forward and appeared to put the vehicle in park.  Mr. Fanning still did not exit the vehicle as the officer continued to instruct him to do.”

Scroggins said Fanning then appeared to place the vehicle in reverse and began to attempt to back around the patrol vehicle to leave.

“The reserve officer ride-a-long, whose presence was likely unknown to Mr. Fanning, had also exited the police vehicle and was standing toward the front of the police vehicle.  This officer was standing in the area toward which Mr. Fanning was moving,” Scroggins said. “There is no evidence to indicate Mr. Fanning was attempting to injure the officer or even that Mr. Fanning was aware of the second officer’s presense.  However, the SJPD Officer was aware of the second officer’s presence, that she was outside the police vehicle and he stated he determined the moving vehicle was an immediate threat to the ride-a-long officer.”

When the vehicle began moving backward, Scroggins said the St. Joseph Police Officer fired a total of eight shots, one bullet fatally hitting Fanning and three grazing gunshot wounds identified.

Capt. Jeff Wilson Thursday confirmed the officer referred to in the release as St. Joseph Police Officer Justin Bever.

The St. Joseph Post is posting the release in its entirety.  See the images below: