FARMINGTON — Davis County Attorney Troy Rawlings announced on Tuesday afternoon that he will not prosecute Morgan County Sheriff’s Sgt. Daniel Scott Paey regarding the sergeant’s his role in the shooting of Kristine Nicole Biggs in South Weber on Nov. 25.

However, the attorney found that “the use of deadly force, at the moment Sgt. Paey’s weapon was fired, does not squarely fit with the letter, scope and intent” of Utah code.

Biggs recently pleaded guilty to third-degree felony failure to stop at the command of a police officer and class-C misdemeanor driving under the influence of alcohol.

Officers shot her in the eye after she led them on a chase from Morgan County to South Weber. She showed up in court days later in an eyepatch.

Rawlings met several times with a protocol investigation team and found that Paey’s presence was lawful and that although deadly force wasn’t necessitated, state code “does not specify a criminal penalty for a situation where the use of force by a peace officer is not justified.”

“The Davis County Attorney’s Office cannot and will not say that the shooting of Kristine Biggs is squarely jsutified uner the four-corners of Utah Cod Ann. 76-2-404 because we believe that the better and more credible view of the evidence is that it was not justified,” accoridng to a press release. “However, we also believe a unanimous jury would not convict Sgt. Paey of a crim when presented with all of the evidence. There is no reasonable probability of conviction of some other crime when 76-2-404 itself is silent on criminal ramifications.”

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