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Officer Cleared in Fatal Shooting of 22-year-old Andrew Blake
A 49-year-old sheriff’s deputy was justified in the shooting death of a Dillon man in November 2015, a jury decided at a coroner’s inquest Wednesday.
The jury of four women and five men in Dillon district court returned the verdict around 4 p.m., about 10 minutes after testimony from a dozen witnesses including the officer in question: Beaverhead County Sheriff’s Deputy Michael Miles.
Andrew Blake, the 22-year-old victim, did not die of criminal means, the jury determined in a unanimous decision.
The jurors saw dramatic body camera and dash camera videos Wednesday morning. The 40-minute-long body-cam video shows Blake telling the deputy who shot him that it wasn't his fault. Miles is seen holding Blake's hand after the shooting and urging him to “keep breathing.”
Miles shot Blake after stopping him on a frontage road east of Interstate 15 on Nov. 10. Authorities said Blake exited his silver 2010 Chevy Silverado pickup truck, returned to retrieve a rifle and refused to comply with Miles' demands for him to put down the weapon.
Blake died six days later at a hospital in Salt Lake City.
Coroner Ron Briggs presided over the inquest, with evidence presented by County Attorney Jed C. Fitch.
The first witness called to testify was John Sullivan, an agent with the Montana Division of Criminal Investigation, who investigated the deputy-involved shooting. He recalled the late-autumn night was windy, cold and about 7 degrees.
Sullivan showed jurors the bolt-action rifle brandished by Blake.
Utah Assistant Medical Examiner Pamela S. Ulmer testified via remote video link that the bullet's entry wound was to Blake's upper back near the shoulder area.
The bullet traveled diagonally from his right side to his left, lodging near the spine. Ulmer testified the bullet "certainly would have" caused immediate paralysis.
Blake's blood alcohol content was three times the legal limit. She said she considered him "intoxicated." The toxicology report also noted caffeine and tobacco-related chemicals in Blake's blood.
Kiel Olson, a friend of Blake's, testified that he visited him the night of the shooting, and said that Blake was very intoxicated. "Basically he said he was going to end his life," Olson testified.
At one point, Olson said, he took Blake's pickup keys and tried to calm him down.
Olson's girlfriend, Niccole Olsen-Epping, said she called 911 to report Blake as a drunken driver after he left in his truck. And a third friend and witness also testified that Blake was drunk and suicidal that evening.
Ryan Otto, 23, a childhood friend of Blake's, had been following the victim out of concern for his well-being. Otto testified that, given the fact that Blake was drunk, it was dark, and he went for his rifle, he thought Miles responded appropriately. "Any officer would have done it," said Otto, whose father is a Great Falls police officer.
During a break in Wednesday’s proceedings, Blake’s father, Mark Blake of Great Falls, said he was glad Montana has an inquest process and that it “brings a level of transparency’’ to the situation. He said it “alleviates a lot of concern.’’
“Our family appreciates all the great support and cooperation,’’ he said.
Miles was the final witness called to the stand. The dispatcher had relayed the report of a possible drunken driver who was suicidal.
Miles testified that when he saw Blake’s parked pickup truck, he had a “terrible feeling.” After repeated commands to comply, which the young man initially did, Blake returned to his truck and retrieved a rifle.
“I’ll never forget it,” Miles testified, adding that when he saw the rifle’s barrel “things got really real then.”
With his back to Miles, Blake began to turn toward the deputy — rifle in hand. Miles testified he was “out of options” and discharged his firearm. He said he thought it was four times, but investigators determined it was seven. One bullet hit Blake.
“I desperately wanted him to live,” Miles testified. “We’re helpers and protectors,” adding that driving under the influence “has a direct impact on public safety.”
Audio on the body cam indicates Miles broke down in tears after the shooting, and that he told responding officers he had begged Blake to drop the weapon.
Dillon police officer Joe Horrocks attempted to console Miles saying, “it’s what we do. You did what you had to do. You gotta understand that.’’
The deputy's job that November night was to stop Blake, Miles told jurors.
“Mr. Andrew Blake turned us into something else. … I will always wish that he was still here. I know if I could have talked to him I could have helped him,” Miles said. ... |
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