In a review released Friday afternoon, the Eastern Idaho Critical Incident Task Force determined that the deadly use of force by six deputies after 11 p.m. on Aug. 19 that killed robbery suspect Talon Sessions was justified.
Sheriff deputies from Bonneville and Bingham counties were among those who responded to an attempted theft of an all-terrain vehicle from a residence east of Shelley near 1100 East and 1300 North, according to a Bingham County Sheriff’s release.
Sessions, 35, of Thayne, Wyoming, was found in a field adjacent to the residence, and deputies from both agencies fired shots. Deputies immediately began life-saving measures, but the suspect died on the scene.
Deputies Jasen Smith, Kollin Gardner, and Cameron Hunt of Bonneville County were being investigated for firing their weapons. Bingham County deputies Tyler Moon, Elijah Cawthon, and Jared Miller were also involved.
Ryan Jolley, the Bingham County prosecutor, reviewed the task force’s findings. The Pocatello Police Department served as the lead agency, with Sgt. Matthew Shutes as the lead investigator.
Sessions exchanged gunfire with homeowner Steven Demott before law enforcement arrived, injuring both him and the suspect, who fled on foot.
According to Jolley, Sessions was not discovered until after the use of force. Until that point, it was only known that an armed male had attempted to steal an all-terrain vehicle, was likely wounded by the homeowner during an exchange of gunfire, and was still believed to be in the vicinity.
According to Jolley, Demott had been shot in the kneecap, indicating that Sessions was armed.
Visibility was limited due to the time of night and the rural location, which lacked significant exterior lighting.
According to Jolley, law enforcement used a drone to locate and illuminate Sessions, who was lying in the brush west of Demott’s home. Initially, Sessions is lying on his back on the ground with a revolver in his right hand.
As the drone and law enforcement approach, he sits down with his legs in front of him and continues to hold the revolver. He then rolls over and kneels on his hands and knees, legs crossed behind him, holding a revolver.
According to Jolley, Sessions appears to be having difficulty with his lower body movements, but once in this position, he attempts to raise the revolver multiple times in the direction of the responding deputies.
Finally, he successfully raises the revolver and points it directly at and toward the deputies, who then fire 30 rounds between the six deputies, causing Sessions to collapse.
“Throughout the entirety of the approach by law enforcement they are consistently and reportedly telling Sessions to drop the weapon, show them his hands and stop moving,” says Jolley. “They also warn him that a K9 will be dispatched if he does not comply. They go on to say that they will get him medical care.
“Multiple deputies also clearly state that he has something shiny in his hand and that he has a gun in his hand,” Jolley told the media. “Each deputy who fired was wearing a body camera, and the commands were clearly captured on each of their cameras. Sessions refused to obey any of these commands.”
According to Jolly, a subsequent investigation revealed that Sessions’ revolver had no rounds in it when deputies confronted him.
“This fact was unknown to anyone other than Sessions,” Jolley told the reporter. “All deputies knew was that he had previously engaged in a gunfight that night, injuring the homeowner, and that he was still armed with the revolver, which he pointed at them.
Without the benefit of hindsight, the deputies had to operate under the assumption that he still posed a lethal threat to them and anyone else if he fled the area.”
According to Jolley, the task force failed to address the issue of potential civil liability.
“There were multiple opportunities for Sessions to avoid this outcome,” Jolley told reporters. “The justifications for using force in this case are clear. Sessions refused to comply with law enforcement’s lawful commands and then posed an apparent deadly threat to them.
“Had Sessions survived he would have been charged with numerous high-level felonies, to include aggravated assault on law enforcement,” Jolley told the newspaper. “The deadly force utilized by each of the six above listed deputies in connection with this matter was justified.”
