Prosecutor says deputy in Turnpike plaza shooting used reasonable force
FREMONT — The Sandusky County Sheriff's deputy involved in the October shooting of a murder suspect at Erie Islands Service Plaza has been cleared of any fault by the county prosecutor's office.
Prosecutor Beth Tischler sent a letter to Sheriff Chris Hilton after the prosecutor's office reviewed an investigation by the Ohio Bureau of Criminal Investigation (BCI) into the Oct. 19 officer-involved shooting incident.
Tischler said the actions of Sandusky County Sheriff's deputy Evan Ely represented a "reasonable and justifiable use of force under the circumstances."
"In light of this finding, the Sandusky County Prosecutor's Office is declining to present this use of force incident to the Sandusky County Grand Jury for consideration of charges,"' Tischler wrote.
Sheriff Chris Hilton released a copy of the BCI report, noting it confirmed the exemplary job done by Ely in responding to what the sheriff described as an unfortunate situation.
"I think it just shows the deputy did exactly what he was trained to do," Hilton said.
The sheriff said in October that Ely's actions saved lives at the Ohio Turnpike plaza.
The sheriff's office requested on Oct. 19 that BCI investigate Ely's involvement in the non-fatal shooting of Thomas Conner, the suspect in the random stabbing of two people at the plaza.
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Suspect changed plea to not guilty by reason of insanity
Conner, 51, of Beloit, Wisconsin, has been charged with aggravated murder, murder, attempted murder and two counts of felonious assault in the Oct. 19 incident.
He changed his plea in November to not guilty by reason of insanity and is incarcerated in the Sandusky County Jail.
According to the BCI report, Ely arrived on the scene first, followed by other Sandusky County Sheriff's deputies.
When Ely arrived, a bystander motioned him to a person, Conner, who was in the middle of the plaza parking lot pacing back and forth.
Repeated pleas for man to drop weapon were ignored
Ely confronted the suspect and ordered him to drop the knife, which was in Conner's right hand. Conner did not comply with the deputy's commands, according to the BCI report.
The deputy first used an FN 303 impact weapon several times, which shoots non-lethal ammo, in an unsuccessful attempt to subdue Conner. He told Conner again to put the knife down, but the suspect refused to comply.
Ely dropped his FN 303 and retreated toward his cruiser. Conner followed the deputy and started to gain on him.
A bystander's video released by the sheriff's office in October showed the suspect ignoring the deputy's commands, then running toward the officer before being shot.
According to the report, at this point Ely drew his department-issued handgun and again told Conner to drop the knife and lay down.
Conner did not comply and Ely told BCI investigators he was in fear for his life and the lives of other citizens in the area.
The deputy told BCI he positioned himself in a way that if he had to shoot at Conner, the likelihood of his rounds endangering citizens would be lessened.
As Conner continued to gain on Ely, the deputy shot the suspect two times.
The suspect initially still refused to drop his knife after he fell to the ground before finally releasing the weapon.
Conner received injuries to his lower abdomen and was given medical treatment by officers and EMS personnel.
BCI collected two 9mm shell casings, as well as a knife that appeared to have blood on it.
Eleven FN 303 rounds were recovered, as well as clothing from Conner.
Body camera footage from several officers was collected and reviewed by BCI, according to the report, as well as several videos from witnesses in the area.
The stabbing victim who died at the scene was identified as David Diederich, 66, of La Porte, Indiana. The stabbing victim who survived the attack was identified as Alan Austin, 53, of Delaware, Wisconsin.
Hilton said in October that it appeared to have been a random act of violence and the the suspect did not know either victim.
dacarson@gannett.com
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This article originally appeared on Fremont News-Messenger: Deputy not at fault in Erie Islands plaza turnpike plaza shooting
