Davis County Attorney Troy Rawlings released a letter Monday which says that the use of deadly force was “proper and justified ... under apparent life-threatening circumstances.”
But while clearing the officers, Rawlings’ letter also said, “We are concerned for the emotions and welfare of the family of the decedent Cody Allen White, and deeply regret the ending of his life.
“We are also concerned for the emotions and welfare of the deputies and officers involved in this situation and their families. We wish all well in dealing with the tragic circumstances of this case.”
Officers were called to a field in the Davis County portion of Hooper at 7000 W. 2425 North, shortly after 9 a.m., after a truck was stolen from a home in Ogden and officers followed it.
They then pursued the driver on foot into the field. After back-up arrived deputies approached an individual hiding in the field and observed a gun, according to the Davis County Sheriff’s Office at the time.
Shots were fired.
Officers from Davis and Weber County agencies were on the scene.
In his letter, Rawlings said the officers’ presence was lawful to ensure public safety, the safety of other officers and each officer’s personal safety.
Rawlings concluded that actions of “provocation, undertaken with an apparent dangerous and deadly weapon, were not legally justified and were an attempt to threaten and provoke deputies and officers.
“That all the deputies’ and officers’ use of deadly force was necessitated by the real and apparent danger presented,” and that the evidence substantiates his findings.
The letter was sent to Davis County Sheriff Todd Richardson, Weber County Sheriff Terry Thompson, Clinton City Police Chief Bill Chilson and Syracuse Police Department Sgt. Lance Jensen.
It cleared Davis County Sheriff’s deputies Mike Diatolla, whose weapon fired the fatal shot, and Ashley Fox; Weber County Sheriff’s Sgt. Mike Streaker; and Clinton City police officers Tyler Cunningham and Shawn Stoker.