Citizen Report No. 1659156076 - 1011759912

Gary Wayne Dodd
110 North Capitol Avenue
Tishomingo, Oklahoma 73460

Date of Offense

October 29, 2021




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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Definition of Offense(s)

Inappropriate lethal force refers to the use of deadly force by a police officer in a manner that is not justified by the circumstances or that exceeds the level of force necessary to resolve a situation.