NorthwestMarch 23, 2012

Nez Perce Tribal officer fatally shot Jeffrey Flinn on Nov. 12 following a chase on U.S. Highway 95

Federal charges will not be brought against the Nez Perce Tribal Police officer who shot and killed Jeffrey Flinn, 46, of Lewiston, Nov. 12 on U.S. Highway 95 near Winchester.

However, a second tribal officer was indicted by a federal grand jury on a charge of making false statements to FBI agents on three occasions following the shooting. The officer allegedly told agents he had no memory of some of the events.

Idaho State Police Lt.

Charlie Spencer said Thursday the case is considered an ongoing investigation and will be referred to the Lewis County prosecutor.

The shooting occurred alongside U.S. Highway 95 inside Lewis County following a low-speed chase that started near the intersection of Waha and Webb roads in Nez Perce County.

Flinn was standing with his hands in the air for three to five seconds before he was killed, it says in the U.S. Attorney's explanation of why no charges are being brought.

The federal investigation looked at a single issue, whether there was a violation of a specific civil rights statute by the officer, said Rafael M. Gonzalez Jr., first assistant U.S. attorney at Boise. It was necessary to establish beyond a reasonable doubt that the officer intentionally used more force than could reasonably have been thought necessary.

In a written statement, U.S. Attorney Wendy J. Olson said, "We determined that under the circumstances, including the weather conditions, lighting and officer's knowledge and state of mind leading up to the shooting, we could not prove all the elements of this offense beyond a reasonable doubt."

Flinn had been drinking, according to various reports at the time, and failed to negotiate a curve just north of the McGregor Co. fertilizer plant on Waha Road near Webb Road, overturning his pickup truck about 5:15 p.m. on a Saturday.

Two hunters stopped to help him and he took their truck and drove east toward U.S. Highway 95, then up the Culdesac Grade at speeds ranging from 55 mph down to 25 mph, until an Idaho State Police trooper set up spike strips that flattened the tires of the truck.

Details of the stop and Flinn's death have never been made clear, but the indictment charging Officer Trevor Michael Garrett with making false statements alleges Garrett "specifically remembered that, between the time that he fired at J.F. and he and another police officer secured J.F.'s rifle, J.F. had exited a truck and stood facing Trevor Michael Garrett and other police officers with his hands up in the air, not moving in any way, for three to five seconds before he was shot and killed."

The indictment also says Garrett knew the shot came from his right side and that he knew the name and identify of the officer who fired his weapon.

Nez Perce Tribal Police Chief Leslie Hendrick on Thursday identified the officer who fired the fatal shot as Robert Wall.

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Both Wall and Garrett had been with the department for less than a year when the incident occurred, Hendrick said. Neither had law enforcement experience when they were hired, and neither are tribal members, she said.

Both men have been on administrative leave since the shooting and will remain on paid leave until further notice, she said.

"We are looking into an internal investigation," Hendrick said. That hasn't been done until this point because the department was waiting on the FBI and its findings, she said.

An investigation will be conducted by the Bureau of Indian Affairs internal affairs office, possibly out of Salt Lake City or Albuquerque, N.M., she said.

Hendrick said she hasn't been provided with details of the investigation. But the three to five seconds cited in the indictment, she said, "that's a very quick time."

"I do want to send my sympathy to the Flinn family," Hendrick said, a sentiment also expressed by Olson.

Lewis County Deputy Prosecutor Zachary Pall confirmed that the U.S. Attorney's Office said it will be forwarding the case file to Nezperce. Pall said Thursday afternoon neither he nor Prosecutor Kimron Torgerson have been involved to this point, nor have they looked at whether any jurisdictional issues could come into play because of the officers' tribal employment.

"They will be referring the case to us and we will be taking a look," Pall said.

A video arraignment for Garrett is scheduled for 1:30 p.m. April 16 before U.S. Magistrate Candy W. Dale.

The maximum sentence for making false statements is five years in federal prison, a fine of $250,000 and up to 3 three years supervised release, Gonzalez said.

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Lee may be contacted at slee@lmtribune.com or (208) 848-2266.

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