Niangua police officer won't be charged in March shooting death of Dylan Austin
After reviewing bodycam footage and other evidence collected by investigators, a grand jury in Webster County opted to not indict a Niangua police officer following a deadly on-duty shooting.
Webster County Prosecuting Attorney Benjamin Berkstresser sent a press release Friday noting that the jury found no criminal action by Niangua officer Dwayne McAtee in the March 13 shooting death of Dylan Austin after the 28-year-old reportedly pulled a gun after a pursuit that ended inside his mother's home.
Berkstresser said he will not pursue charges against McAtee as the result of the grand jury's decision, which followed a collective investigation by The Special Critical Incident Team consisting of Greene, Christian, Lawrence, and Webster counties’ sheriff’s offices.
"McAtee, serving as the interim police chief in the city of Niangua, shot and killed Austin after initiating a stop of an ATV in Niangua that was operated by Austin who fled on foot after he was told he was being placed under arrest, a pursuit ensued," Berskstresser wrote," then the fatal shot was fired when the chase ended at a Niangua home where Austin fled."
McAtee had been placed on leave since the shooting pending a review of the incident. It's unclear if he has since returned to duty, as messages from the News-Leader to the city of Niangua were not immediately returned Friday afternoon.
McAtee and the city continue to face a multi-million dollar civil lawsuit filed by Austin's mother, Melinda Austin, for a litany of allegations, including wrongful death, negligence in hiring, and failure to train.
Police said Austin pointed gun at officer inside home
Around 9 p.m. the evening of March 13, authorities said McAtee and a Webster County deputy attempted to detain Austin for reportedly driving an ATV in the small Webster County town with a revoked/suspended license. After Austin asked the officers if he could smoke a cigarette, according to Friday's press release, he ran off, leading to a chase that ended at his mother's residence.
Citing what Berkstresser said was mostly caught on body camera, McAtee reportedly followed Austin into the home.
"Officer McAtee pursued Austin into the unknown residence, forcing entry immediately behind Austin. There was a lady in the residence shocked and alarmed by the sudden chase into her home," the prosecutor's press release said. "Austin went into a bedroom in the back of the home, McAtee approached the room to find Austin pointinga pistol at him, at which time Officer McAtee fired his weapon, striking Austin. Austin died on scene, despite CPR being administered by McAtee and others."
The "lady" referenced appears to be Melinda Austin, who said she witnessed the shooting and that her son wasn't holding a gun, but a flashlight. Webster County Sheriff Roye Cole told local media that investigators found a gun near the deceased's body during their initial investigation as well as an empty holster on his waistband.
Missouri court records indicate that Austin has one criminal case, a 2015 arrest in which he pleaded guilty to DWI-drug intoxication and being in possession of marijuana. He had also been cited in 2017 for driving without a license and in 2021 for driving with a suspended license.
Melinda Austin said in her lawsuit that McAtee "waged an improper campaign of stalking and harassment against her son that was witnessed and reported by many in the community" and that he feared for his life.
This article originally appeared on Springfield News-Leader: Niangua police officer won't be charged in March 13 shooting death
