Report: Man shot by police didn’t fire gun at officers

February 28, 2020 GMT

BISMARCK, N.D. (AP) — A man shot and killed by Bismarck police last month did not fire at officers as authorities initially reported, though he did point a handgun at them, justifying the use of deadly force.

The Bismarck Tribune reports an investigation found Cody Carnes, 30, of Bismarck, also had a handful of encounters with police in the two weeks leading up to his death that were tied to alleged drug use, mental health issues and threats against law enforcement.

Burleigh County State’s Attorney Julie Lawyer on Monday said the shooting of Carnes was justifiable. Authorities said Carnes pointed a gun at officers outside his window after police were called to a noise complaint at his residence on Jan. 9.

A report that Lawyer sent to Bismarck Police Chief Dave Draovitch stated that one of the two firing officers “believed he saw and heard Carnes fire a round from the handgun and returned fire,” but that the other officer “stated he did not believe that Carnes had fired the handgun.”

Draovitch said that the first five times he watched police-shot video of the encounter he also thought Carnes had fired at officers, and said “there was definitely some confusion.”