Brenchley

The Brenchley Apartments sign, pictured the morning after the officer-involved shooting which led to the death of a Rexburg man.

REXBURG — The Madison County Prosecutor’s Office will not prosecute two Rexburg police officers that were a part of an officer-involved shooting in February.

The incidents took place at the Brenchley Apartments on Feb. 15. Rexburg police officers Daniel Allen and John Bone were dispatched to the area after a caller reported that a man had illegally entered their apartment. The officers found the suspect, Troy Allen, at the scene shortly after their arrival and shot him after Troy Allen became confrontational and charged at the officers.

In a letter from Madison County Prosecutor Rob Wood to Rexburg Police Chief Shane Turman, Wood wrote that Troy Allen was shot multiple times by both officers and died as a result of the shooting. According to Wood, the officers acted accordingly and had a reasonable belief that their lives were in danger.

“It is the position of the Madison County Prosecutor’s Office that this officer-involved shooting was completely and totally justified,” Wood wrote.

According to a press release from the police department, the officers told Troy Allen they needed to speak with him after they found him and he gave them a false name. Troy Allen then told the officers, “No, you need to shoot me.”

Troy Allen put his right hand into his coat pocket and raised his hand toward the officers while still in his pocket, according to the release. The officers drew their weapons and told Troy Allen to take his hand out of the pocket, as they were both wary Troy Allen was concealing a weapon.

The officers backed up to create distance from Troy Allen and told him to remove his hand from his pocket six times, according to the release. Troy Allen shuffled toward the officers and then moved toward a woman who was standing in the doorway of the hall in the apartment complex. The officers pulled the woman behind them to prevent a potential hostage situation.

Troy Allen went into an open apartment door and then returned to the hallway and rapidly advanced toward the officers and the woman in an aggressive manner with his hand still in his coat pocket, according to the release. He charged at the officers and they opened fire. Troy Allen was declared deceased at the scene.

The shooting was investigated by the Critical Incident Task Force, which is composed of multiple law enforcement agencies in eastern Idaho. Their findings were then turned over to Wood’s office. Wood also reviewed security footage of Brenchley Apartments and body cam footage from both officers.

“While any loss of life is tragic, their actions were professional and appropriate, especially given how quickly Mr. Allen escalated the situation,” Wood wrote.

Idaho Code l8-401I states that homicide by an officer is justified when “reasonably necessary in overcoming actual resistance to the execution of some legal process, or in the discharge of any other legal duty including suppression of riot or keeping and preserving the peace. Use of deadly force shall not be justified in overcoming actual resistance unless the officer has probable cause to believe that the resistance poses a threat of death or serious physical injury to the officer or to other persons.”

The prosecutor’s office found no crime committed by the officers and will not prosecute them. In the police department’s release, Turman said the department expresses their deepest condolences for Troy Allen’s family and that his officers acted within their training.

“I would like to remind every member of our community that none of our officers ever want to be involved in a shooting or have to take the life of another individual,” Turman said in the release.

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