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Lincoln County District Attorney Justifies Use of Force by OSP Trooper during January 3, 2014 Incident near Lincoln City

Lincoln County District Attorney Justifies Use of Force by OSP Trooper during January 3, 2014 Incident near Lincoln City.

The following is being released on behalf of Lincoln County District Attorney Michelle Branman. 

The 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. 

Prior 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.

A 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 enforcement. 

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.

 

Contacts:

Lincoln Co. District Attorney's Office (Use of Force Review and Determination)
541-265-4145

 

Sheriff Ed Lester (Montana Robbery Case)
Butte Silver Bow Law Enforcement Department
(406) 497-1120
elester@bsb.mt.gov

 

County Attorney Mike Clague (Montana Robbery Case)
Butte Silver Bow County Attorney's Office
(406) 497-6231
mclague@bsb.mt.gov

 

 ### www.oregon.gov/OSP ###​

 

Lt. Steve Mitchell
Oregon State Police
541-737-0474