DUCHESNE— Five law enforcement officers involved in the fatal shooting of an Oregon man last week in Indian Canyon were cleared to return to duty Wednesday.
The decision by Duchesne County Attorney Karen Allen came after the state Bureau of Investigation's letter said preliminary findings showed the officers followed state law governing the use of deadly force in the death of Tony Shane Francis.
"The prosecutor's office has reviewed this letter and feels that the officers acted in accordance with state law and may be released for duty," Allen said.
Francis, 42, was stopped by a Duchesne County sheriff's deputy on Feb. 28 at about 5:30 p.m. when the deputy learned the license plates on Francis' SUV had been reported stolen. Authorities later discovered that the vehicle was also stolen.
A federal felon with convictions for armed bank robbery and escape, Francis sped away from the deputy, setting off a 25-mile chase along U.S. 191 into Indian Canyon. Three off-duty sheriff's deputies and two off-duty Roosevelt police officers in the area joined the pursuit.
The chase, which reached speeds of 70 mph, came to an abrupt end when Francis spun out on the canyon's icy roads and crashed. According to videotape captured by cameras in two patrol vehicles and witness statements, Francis exited the truck firing a handgun.
"The advantage he had was that he knew he was going to come out shooting," said Lt. Anthony "Tony" Garcia, the state's lead investigator in the case. "He knew what he was going to do prior to even coming to a full stop."
The suddenness of Francis' attack forced the deputy closest to him out of his patrol truck. The deputy returned fire and retreated to the back of his truck to take cover. He then fell back, firing as he moved, to the back-up officer's cars.
Witnesses said Francis climbed into the abandoned patrol truck, turned it around and drove at the line of officers. He was fatally wounded when the group of deputies and officers fired on the truck.
No officers were injured in the incident.
"He knew if law enforcement figured out who he was and that he had violated his parole, he was going to go back to federal prison," the lieutenant said..
Francis was released from the federal maximum security penitentiary at Marion, Ill., in November. At the time, he had served more than 15 years in federal prisons. As a condition of Francis' release, he was ordered to remain under the supervision of the U.S. Probation Office for five years.
The federal probation office in Oregon confirmed Francis was on their caseload. Officers said an arrest warrant for Francis — alleging he had absconded from supervision — was being sought on the day he was killed.
Roosevelt Police Chief Rick Harrison said both officers from his agency involved in the shooting will face a shooting review board, which is required by department policy.
The three sheriff's deputies on administrative leave will return to work as their regular patrol schedule dictates, Duchesne County Sheriff Merv Gustin said. A fourth deputy who participated in the chase but did not fire his gun was back on duty last week.
E-mail: geoff@ubstandard.com