DA rules on Baker shooting death by Sheriff – Miami News Record
According to the Ottawa County District Attorney Kenny Wright, the Jan. 7 shooting death of Travis Edward Baker by Ottawa County Sheriff Jeremy Floyd was justified by the evidence.
MIAMI Justified. According to the Ottawa County District Attorney Kenny Wright, the Jan. 7 shooting death of Travis Edward Baker, 42, of Fairland, by Ottawa County Sheriff Jeremy Floyd was justified by the evidence. Baker was a suspect in an attempted burglary and larceny of a 1979 GMC truck and an ATV from a Fairland home and was shot and killed within miles after he fled and during a subsequent search and pursuit by law enforcement.
The evidence demonstrates that Mr. Baker's actions directly threatened the life of Sheriff Floyd and the other law enforcement officers present, Wright wrote in a letter of clearance released Thursday. Sheriff Floyd had no reasonable alternative in the situation other than the use of deadly force to end the threat.
Wright's decision came after reviewing the findings of the Oklahoma State Bureau of Investigation Special Agent Chris Leamon's case report received on Jan. 20.
On Jan. 23 Wright received an updated DVD from Leamon containing recordings of radio traffic, photographs, and audio and video recordings related to the investigation.
Wright also reviewed a narrative report from Ottawa County Sheriff's Detective Holli Goforth on Feb. 7 and the OSBI crime scene investigation report on Feb. 8 and determined the investigation is thorough and complete.
Newly elected Sheriff Floyd had been in office just six days when the shooting death occurred.
According to Wright, the evidence presented by Leamon's investigation determined on Jan. 7 around 1 p.m a 1979 GMC truck was located on the side of the road about two miles from where it had been stolen. The area had been recently plagued by multiple residential and vehicle burglaries and thefts.
Shortly after the Ottawa County Sheriff's Office (OCSO) received a report of a homeowner shooting at a white male who had broken into his residence and was running through a pasture two to three miles from where the truck had been discovered, the DA states in his letter. The suspect was reported to be possibly armed with firearms stolen from the home.
According to the investigation, the OCSO requested additional units from surrounding agencies and the Oklahoma Highway Patrol deployed a fixed-wing aircraft to assist and establish a perimeter to search for the suspect. A civilian caught the suspect burglarizing another vehicle a short time later and the suspect then fled on foot. A witness to the burglary was shown a photograph of Baker and identified him as the burglar.
At approximately 2:45 p.m. Baker stole a Dodge truck from another residence in the area. The owner saw the theft and engaged in a vehicle pursuit, but lost sight.
The Dodge truck was abandoned and located in the woods two miles away. The truck's owner told law enforcement he had left a 9mm pistol inside the vehicle with a loaded magazine.
Law enforcement was not able to locate the pistol in the truck, Wright wrote.
Law enforcement officers attempted to stop a speeding yellow truck a short time later, according to Wright, and the driver attempted to elude officers and drove into the woods and crashed. Officers surrounded the area and pursued the fleeing suspect into the woods
They also observed that the suspect was in possession of a firearm, Wright wrote in the letter.
OHP's aircraft was able to spot Baker and directed officers to the area where it appeared he would exit the woods where Floyd was located.
According to Wright, Floyd parked his vehicle and on foot approached a residence, and when he came around the residence he encountered Baker, the suspect matching the description they had been tracking all day.
The Sheriff further states that Mr. Baker was pointing a firearm at him. The Sheriff fired one round from a 12-gauge shotgun and gave commands for Mr. Baker to drop the gun. Mr. Baker did not drop the gun and, three to four seconds later, the Sheriff fired a second round from the shotgun. The Sheriff states that Mr. Baker fell backward onto the ground and dropped the pistol, Wright wrote.
Baker was quickly secured, officers observed a gunshot wound to the chest of Baker and immediately provided emergency medical attention.
Despite the emergency medical efforts to save his life, Mr. Baker died at the scene, the DA states in his letter.
Wright reports Floyd's statement is corroborated by witness OHP Trooper Jeff Laue, two consistent law enforcement dash camera videos that captured parts of the incident, and the consistent findings of the OSBI crime scene investigation.
In my opinion as the District Attorney for the 13th District of Oklahoma, based on the evidence after a complete and thorough investigation, that Sheriff Jeremy Floyd's actions of January 7, 2017, which resulted in the death of Travis Edward Baker were justified. The evidence demonstrates that Mr. Baker's actions directly threatened the life of Sheriff Floyd and the other law enforcement officers present. Sheriff Floyd had no reasonable alternative in the situation other than the use of deadly force to end the threat, Wright wrote.
Sheriff Floyd responded to the news by press release.
I want to make it clear that it is our goal at the sheriff's office to provide safety to everyone in the county and bring peace and prosperity to all, Floyd wrote in the release. To make the decision of using deadly force does not come easy, but it is necessary when no other action can be performed, and immediate life-threatening danger effects an officer or someone else.
"Officer involved shootings has many hurdles of emotions and struggles that directly relates to the shooting that the officer will encounter. No officer can prepare him or herself with the aftermath experience but with proper training, faith, a positive mindset, and great support, healing from the emotional roller coaster becomes easier. My heart goes out to Mr. Bakers family, and I pray that they find comfort and peace.
Floyd thanked the agencies and officers assisting, I want to thank the OHP, Wyandotte Nation Tribal Police, Quapaw Marshals, GRDA, Fairland Police, Delaware County Sheriff's Office, Bernice Police Department, BIA, and Eastern Shawnee Tribal Police for their honorable support and assistance. I also want to thank the OSBI for their thorough investigation, and most importantly I want to thank my staff with the Ottawa County Sheriffs Office for their dedicated team work and honorable commitment to the people of Ottawa County."
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DA rules on Baker shooting death by Sheriff - Miami News Record
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