DECATUR, Ill. (WAND) — Macon County State's Attorney Scott Rueter has determined that the deadly March shooting of an armed robbery suspect by Decatur Police officers was justified.
Rueter stated that he is "of the opinion that the officer’s use of force in this situation was not in violation of the laws of the State of Illinois and unfortunately a necessary response to the actions of the deceased."
The March 18 incident involved Rocky L. Dupin, a 38-year-old who was stopped by two Decatur officers for matching the description of an armed robbery suspect from a robbery that occurred earlier that day.
Video footage shows the officers pulling over Dupin and ordering him to get on the ground. In the video, it initially appears as if he complies and gets down to the sidewalk. But then Dupin can be seen standing up and reaching for something in his coat. He draws an object shaped like a gun. It is at this time that officers open fire.
Dupin was taken to Decatur Memorial Hospital, where he died in the operating room.
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The day after the shooting, the Decatur Police Department confirmed that the firearm Dupin pulled from his pocket was a "replica style gun" that "appears extremely realistic."
The CO2-powered revolver that Rocky L. Dupin pulled from his coat when he was stopped by officers from the Decatur Police department.
In his statement, Rueter continued, "I understand that there will be some who will say that the number of shots was excessive. The timing from the point of the first shot until the last was 8 seconds. During that period Mr. Dupin was still moving, and had the weapon under his control or the weapon was out of the view of the officers. Especially on the squad car video, it can be observed that just before the final shot was fired, Mr. Dupin appears to move his right hand and arm as if to possibly retrieve the firearm from under his body. Once deadly force becomes necessary, officers are trained to use that force to eliminate the possible threat. Although the death of Mr. Dupin is regrettable, the officers’ response to his actions is not in violation of law."
Decatur Chief of Police Shane Brandel stated that he found officers Tanner Brummitt and Dawson Roberts in compliance with DPD policies and procedures throughout the incident.
"Both officers were faced with a situation where they feared for their lives," stated Brandel. "They responded in a way to protect themselves and each other so they could go home to their families. We never want an outcome where there is a loss of life and will take reasonable actions to avoid that outcome. But unfortunately, sometimes we are forced into that position. And how an officer reacts may determine whether or not they are included in that loss of life. As the Chief of Police, I always expect our officers to defend themselves when appropriate. And I will always defend our officers when they act in accordance with law, policy and training."
Both officers have been cleared to return to full duty.
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