Deputy's actions justified in fatal shooting

A Johnson County deputy was justified in the June 8 shooting death of a burglary suspect in southwestern Pettis County, according to Pettis County Prosecuting Attorney Jeff Mittelhauser.

“The evidence conclusively shows that the deceased, while fleeing from Deputy (James) Doty shortly after the commission of two separate felony offenses, turned a stolen gun on the deputy and attempted to shoot him.  The deputy was justified in firing upon him,” Mittelhauser wrote in a letter to Pettis County Sheriff Kevin Bond Thursday.

Shawn D. Evans, 34, was killed by Doty near the intersection of state Route B and Upton Road.

The deputy, who was investigating a rash of burglaries, followed Evans in a stolen van into Pettis County. Evans, who was found changing vehicles, ran away from Doty on Upton Road before pointing a stolen .22-caliber handgun at the deputy, according to authorities.

Mittelhauser states in his letter that Evans had apparently loaded the gun before the incident and may have fired a test shot.

“In addition to pointing the gun at the deputy, Mr. Evans very likely attempted to fire the gun and may have actually gotten off a shot before the gun malfunctioned,” he wrote.

Doty fired one shot at Evans, striking him. During a foot pursuit after the shooting, Doty fell into a culvert on the east side of state Route B, seriously injuring himself.

Evans was found dead along a stretch of the Katy Trail not far from where the shooting happened.

Johnson County Sheriff Chuck Heiss said he appreciated Mittelhauser’s finding.

“That’s what you always hope for, that your officers are justified in the actions that they take,” Heiss said. “They’re never easy situations. They’re tragic situations, the absolute worst situation” that police face.

Doty has yet to return to work, and is expected to undergo a lengthy recovery, Heiss said.