Prosecutor clears Boise Police in Bench shooting

Posted at 10:16 AM, Sep 01, 2017
and last updated 2017-09-01 12:16:25-04

 A Boise Police officer-involved shooting last November that left a wanted suspect dead and a BPD officer permanently disabled has been deemed “legal, justified and necessary.”

Twin Falls County Prosecuting Attorney Grant Loebs reviewed the Critical Incident Task Force investigation into the November 11, 2016 death of Marco Romero -- and concluded that the actions of the officers who fired upon him were legal, justified and necessary.

The CITF investigation was headed up by the Garden City Police Department. Prosecutor Loebs concluded his review of the investigation with this analysis:

“After reading the reports, conferring with the detectives who headed up the CITF investigation, reviewing the evidence of the incident, and considering all relevant information, including the facts related above, I have concluded that there is insufficient evidence to support a criminal charge against any of the law enforcement officers involved in this incident for the shooting death of Marco Romero.

“To the contrary: The facts in this case reveal that Mr. Romero's staggeringly violent crime spree, culminating with the shooting of two Boise Police Officers and a Boise Police K9 came to an end only when he was shot by Boise Police Officers in the exercise of their lawful duty.

“All the witnesses believed that the officers present had legitimate fears for their safety, the safety of their fellow officers, and the safety of the general public because of Romero's violent actions. Mr. Romero, through his unlawful and violent acts, was a continuing, clear and immediate danger to law enforcement officers who were engaged in the lawful performance of their duties, and a serious ongoing danger to the public at large. The actions of the officers who fired upon Mr. Romero were, therefore, legal, justified and necessary.

“The Boise Police Officers who were shot were previously identified as Corporal Chris Davis and Corporal Kevin Holtry.  Cpl. Davis was able to return to work last year.  Cpl. Holtry sustained life-changing injuries and continues to recover and receive treatment in Boise.  Boise Police K-9 Jardo passed away five days after the shooting.

“This is the kind of incident that leaves a lasting impact on a police department and the community,” said Boise Police Chief William Bones. “As they do every day, on November 11th, Boise Police officers put their lives on the line to protect the community from dangerous criminals capable of violent acts. In the days after Corporal Holtry, Corporal Davis, and K-9 Jardo were injured, we were overwhelmed with support from the community.  It’s this relationship that allows our officers to proudly put their uniform on every day and protect those in need.”