Lorain County, OH – In a decision that is stirring local conversation, Lorain County Prosecutor J.D. Tomlinson has announced that no charges will be brought against the officer involved in the shooting of Dustin Lee Terry during an early October break-in incident. According to Cleveland19, Tomlinson found the officer did not use "excessive or unreasonable force" when Terry was fatally shot.
An investigation conducted into the event revealed that at 12:05 a.m. on Oct. 7, a 911 call was placed by a resident who claimed to have seen a male figure breaking into a vehicle with what appeared to be a gun potentially. The officers made contact with Terry, the identified suspect when they arrived on the scene, but according to police, he fled, leading to a short foot chase. Cleveland19 reports that Lorain Police Lieutenant Morris stated officers saw a gun on Terry, and an officer fired multiple shots after Terry ignored commands to stop and surrender.
The ensuing pursuit and confrontation ended in gunfire, with Terry being struck and sustaining multiple gunshot wounds. First aid was administered by the officers on the scene before Terry was taken to Mercy Hospital of Lorain for treatment. WKYC reports that Terry, who had just completed a 'good behavior' sentence five minutes prior to the incident, later recovered from his injuries and was indicted on multiple charges, including aggravated robbery and breaking.
Prosecutor Tomlinson's statement clarified the reasoning behind the non-indictment of the police officer. "At the time Terry was shot by Officer Taylor, Terry, while armed, was escaping the scene of an aggravated robbery. He had repeatedly ignored officers' orders to stop and surrender, and he was attempting to make his escape while raising his gun at the police," said Tomlinson, as quoted by WKYC. He further detailed that less lethal means had failed to stop Terry before the officer discharged his weapon.
In the aftermath of the shooting, the Elyria Police Department conducted the investigation requested by the Lorain Police Chief Jim McCann. Terry has a pretrial hearing scheduled for Jan. 13, with his trial set to commence in July. Details on Sienna Plaza, the 28-year-old woman who acted as Terry's getaway driver and was later charged with complicity, are yet to be updated in the court dockets, according to reports from CBS affiliate WOIO via their website WOIO.
