Date of Offense
Offense(s)
Supporting Document(s)
Statement
After indicating a bias to the public via media, Sheriff Dodd pursued escapee Baumgardner into a neighboring jurisdiction of Marshall County. Upon locating the escapee, a pursuit occurred and ended after Sheriff Dodd discharged his weapon through the windshield of his patrol car 13-14 times (See Photo 1) and into the back of the pick up truck (see Photo 2) in which Baumgardner was driving. Baumgardner was UNARMED. Baumgardner was struck in the shoulder and per Dodd, a bullet "grazed" Baumgardner's head.
Sheriff Dodd had informed the public the day prior that he was "Pissed Off" and spoke of Baumgardner "going down hard" once Dodd caught up to him.
Per CLEET's 2022 legal update (see pages 5-6) Cordova v. Aragon, 569 F.3d 1183 (10th Cir. 2009) established that firing into a vehicle when the officer is not facing an “actual and imminent” threat or “‘was not in immediate danger’ at the time of the shooting” was not a reasonable use of force.
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