Lincoln County District Attorney
Justifies Use of Force by OSP Trooper during January 3, 2014 Incident near
The following is being released on
behalf of Lincoln County District Attorney Michelle Branman.
investigation involving, DALE EDWARD WALLACE, age 30, the fugitive wanted out
of Montana who was injured January 3, 2014 during an encounter with law
enforcement in Lincoln City is complete. WALLACE was released to
Montana officials to face pending criminal charges of robbery. The Lincoln
County District Attorney's office has received final reports from several
agencies regarding the manner in which WALLACE was taken into custody.
Newport Police Department took the lead investigator's role when the Lincoln
County Major Crime Team was activated following WALLACE'S apprehension.
to the encounter with law enforcement in Lincoln City, it was reported that
Wallace was suicidal. He made several suicidal comments on social media
sites. Officials had been informed that, in Montana, WALLACE had
robbed a coin shop owner at gun point and had stolen several firearms and
ammunition during the robbery. WALLACE and his companion were located
near the Lincoln City community center during after school hours.
Throughout the encounter WALLACE was armed and ordered to stop moving by
law enforcement. Instead of laying down his weapon, WALLACE aimed a gun
in the direction of Sheriff's Deputy Rene Lopez. Oregon State Trooper
Adam Kowing then struck Wallace with his vehicle. WALLACE sustained injuries
but was treated and released at Oregon Health & Science University and is
expected to make a full recovery.
separate and mandatory investigation into the use of deadly force by the OSP
trooper has been conducted, with the assistance of the Newport Police
Department and the members of the Major Crime team. This information has
been forwarded to the Lincoln County District Attorney's Office for review. The
District Attorney's office has completed its review of Trooper Kowing's use of deadly
force. Based on the information known to the Trooper at the time of the
"use of deadly force", the District Attorney's office believes Kowing's
use of force was justified. Kowing’s actions
stopped the threat of a suicidal gunman who was taking aim at police officer
near a community center. Neither Kowing nor any other officer
present discharged their firearm or used other lethal force. Kowing's quick and
decisive actions resulted in WALLACE surviving this volatile event, but
more importantly prevented Wallace from harming members of the public or law
While the District Attorney's Office is still contemplating criminal action
against DALE EDWARD WALLACE, at this time the District Attorney's office is
closing this use of deadly force investigation. The District Attorney’s office finds that
Trooper Kowing’s use of force was justified.
Trooper Kowing will resume normal patrol duties in the
very near future. Questions regarding
the Use of Force review and determination should be directed to the Lincoln
County District Attorney’s office.
Questions regarding the robbery investigation that occurred in Montana
should be directed to Butte Silver Bow Law Enforcement Department and or Butte
Silver Bow County Attorney's Office.
Lincoln Co. District Attorney's Office (Use of Force
Review and Determination)
Sheriff Ed Lester (Montana Robbery Case)
Butte Silver Bow Law Enforcement Department
County Attorney Mike Clague (Montana Robbery Case)
Butte Silver Bow County Attorney's Office
### www.oregon.gov/OSP ###
Lt. Steve Mitchell
Oregon State Police