Jury finds 2020 officer involved shooting justified

A coroner’s inquest held last week determined an officer involved shooting in Trout Creek last year was justified. Circumstances around the death of David Christie, who was involved in a shootout with police December 2020 at the Naughty Pine Saloon, were detailed as a jury of nine listened to testimony from witnesses.

The practice is something that, according to Sanders County Attorney Naomi Leisz, is quite rare, especially in the county. However, the practice itself has been utilized for at least 100 years in Montana. She explained that a coroner’s inquest is slightly different from a trial. The primary difference is that the final ruling of the jury carries no legal weight, but only advises the county attorney on if he or she should prosecute the parties responsible. The inquest delves most commonly into questionable deaths to determine “the truth of what did happen, and not what should have probably happened,” according to Leisz. The inquest also differs from a regular trial in that the judge’s role was replaced by Pat Barber, the county coroner, and the jury’s decision needs to be majority and not unanimous.

Witness testimony over the course of the eight-hour trial clarified the actions of Christie and others during the 10-hour event. According to the medical examiner, who was called as a witness, Christie was shot at least 14 times. Dr. Aldo Fusaro of the Forensic Science Division of the Department of Justice in Missoula said the toxicology report also showed moderate amounts of alcohol, amphetamines and THC in Christie’s system. It was determined that Christie was consuming alcohol throughout the event and was on Adderall for depression.

Around 11:30 p.m. on December 10, 2020, Christie was asked to leave the bar, according to witness testimony. Christie was armed with two weapons and refused to leave the establishment late into the night and early into the morning. Christie called police and said he was armed and dangerous and requested media attention. After reporting his demands, he barricaded himself in the Naughty Pine Saloon in Trout Creek

According to witness James Peterson, a friend of Christie, this was hard to understand because “David wasn’t the kind of guy who would hurt anyone.” Peterson was inside the bar when Christie came back inside with the weapons. Peterson stayed inside for fear Christie would harm himself. “He was only presenting a threat to himself.”

In the morning of December 11,2020, Special Response Teams (SRT) were requested from both the Missoula and Kalispell areas. The teams took positions around the building while a negotiation team attempted to speak with Christie to come out peacefully. According to many of the witnesses that spoke, including Sheriff Tom Rummel and Deputy Cory Wheeldon, Christie was difficult to speak with and incoherent. “I believe that the negotiations were breaking down. I believe that we tried every available means to get Christie to peaceably come out of that bar,” said Rummel.

Around 9 a.m. the teams decided, under the authority of the sheriff, to use tear gas to remove Christie and a bystander from the establishment. Upon exiting, Christie was fired upon with less lethal ammunition and repeatedly asked to drop his weapon, according to SRT team leaders Jared Cochren and Ben Sutton. Christie fired at the Kalispell team, and the officers returned fire.

Officer Brady Gray of the Kalispell Police Department, was hit in the knee by a bullet fired from Christie’s gun. She testified during the inquest, saying she may never fully recover feeling below her knee, since the shot severed a nerve.

The event, under law, needed to be investigated by a party without conflict of interest. Sheriff Rummel called the Montana Division of Criminal Investigation (DCI). DCI agent Kevin McCarvel and arrived within hours of the incident. During the inquest McCarvel filled in many of the blanks of the story that the jury had listened to throughout the day. Throughout the standoff, Christie asked repeatedly for contact with the “ACLU,” and the investigator believes the standoff occurred as a result of Christie’s concern for a female friend that was spending time in the Sanders County Jail for drug charges. He also believed that Christie was deeply depressed and was at a very low point.

The jury y took about 30 minutes to decide and came back with the verdict that Christie’s death was not one of criminal means, and that the use of force was justified. Their decision was unanimous.