Salt Lake County District Attorney Sim Gill said Friday his office will not file criminal charges against the Sandy police officer who shot and killed a 16-year-old during an encounter on Nov. 9, 2023. After a months-long review, prosecutors concluded they could not prove beyond a reasonable doubt that the officer's use of deadly force was unlawful. Investigators say the teen had left a group home that morning, stolen vehicles, and hit a motorcyclist before officers closed in and gunfire erupted.
District attorney's findings
In a review letter released Friday, Gill wrote that "no reasonable jury would unanimously determine the officer did not reasonably believe deadly force was necessary," and that his office will therefore not pursue criminal charges, according to ABC4 Utah. Prosecutors said they reviewed body-worn camera footage and witness statements as part of the Officer-Involved Critical Incident screening. Even with the deadly outcome, Gill's office said the legal threshold for charging an on-duty officer was not met.
How the events unfolded
On Nov. 9, 2023, the teen, identified in charging documents as Malachi Portwood, escaped from a Bluffdale group home run by Future Rising Agency and later stole a U.S. Army recruiting van and then a minivan, according to KSL. Court records and police footage reviewed by prosecutors indicate the teen struck a motorcyclist who suffered severe injuries and ultimately lost a leg. Officers later located the stolen minivan near midday. Police say the van drove toward a responding officer, shots were fired, and the teen was taken to a hospital, where he died.
State charges against group-home staff
The Utah Attorney General's Office has since filed criminal charges against six employees and consultants connected to Future Rising, accusing them of abuse or neglect of a child with a disability, witness tampering, and other offenses, according to FOX13. Prosecutors allege staff delayed calling police, deleted communications, and failed to follow court-ordered safety requirements, including locks, alarms, and round-the-clock supervision. Those 2025 charges are separate from Gill's review of the officer's actions and remain active.
Legal review and what it means
Gill's decision not to file charges closes the criminal review of the officer's use of force but does not rule out civil lawsuits, licensing actions, or additional administrative investigations into the group home. The Salt Lake Tribune has chronicled earlier cases in which Gill's office declined to prosecute officer-involved shootings, citing the high burden of proof and dueling expert opinions. The DA's letter in this case, along with the Attorney General's separate criminal filing, highlights how multiple legal tracks can move ahead at the same time after a fatal officer-involved incident.
What's next
The Attorney General's case against Future Rising staff, along with any regulatory or licensing fallout, will proceed independently of the DA's decision. State officials have said their investigation into the facility's practices led to the criminal charges. Portwood's family and child-welfare advocates have continued to call for accountability and tighter oversight of group-home licensing and supervision, according to local reporting. For now, the DA's declination letter, the AG's charging documents, and related court records remain the key public windows into what happened and how the state is responding.
