Man shot by officer was armed with air rifle, still in hospital
A man who was shot by a Huber Heights police officer after pointing an air rifle at police Sunday remains hospitalized in non-life-threatening condition as of Wednesday afternoon.
Police are not identifying the suspect until formal charges are approved, Huber Heights police Chief Mark Lightner said during a press briefing.
Officer Shawn Waler shot the man after a police chase related to a road-rage incident. Waler, a 19-year veteran, is on paid administrative leave while the Ohio Bureau of Criminal Investigation reviews the officer-involved shooting, which is department policy, Lightner said.
At 1:33 a.m. Sunday, the Huber Heights Communication Center received a 911 call regarding a roadrage incident.
The caller said the suspect shot out his driver-side window and rammed his vehicle, according to dispatch records. He said he was trying to drive away when the suspect reportedly shot the vehicle again.
The caller and suspect appeared to have had contact with each other in the past, Lightner said. He did not elaborate on how the two knew each other. Investigators are still looking into what prompted the initial road rage incident.
While on the phone with dispatchers, the caller was heading north on Ohio 4 and said he was trying to drive to the Shell gas station at 8007 Ohio 235.
When officers arrived, they saw the suspect vehicle leaving the gas station parking lot. They attempted to stop the vehicle, but the suspect continued driving south on 235 at a high rate of speed, Lightner said.
He turned onto New Carlisle Pike, where police attempted to stop him with a PIT (precision immobilization technique) maneuver but were not successful in stopping the suspect.
As he continued to drive, officers noticed he was throwing objects out of the vehicle. He continued onto Taylorsville Road and stopped in a grassy area near a house in the 9400 block.
Cruiser camera footage showed the suspect get out of the vehicle with a firearm. An officer can be heard ordering the suspect to get on the ground.
“You can clearly see the suspect face the officers and raise a black AR 15-style rifle, pointing it directly at the officers,” Lightner said.
“The officer closest to the suspect opened fire and stuck the suspect, who turned and tried to flee with his rifle still in hand.”
He ran around a residence and dropped the weapon before collapsing on a porch. Police called medics and provided aid to the suspect until medics arrived.
No other injuries were reported.
Police recovered the gun, a DPMS full-auto SBR air rifle. Officers also located methamphetamine in the area where the suspect was seen throwing items out of the vehicle.
Lightner said there are two factors to consider when it comes to using deadly force: imminent danger and special knowledge.
He noted that based on the 911 call, Waler had reason to believe the suspect was armed, and he had special knowledge.
“He knew the person he was stopping was violent based on the 911 call,” the chief said.
“At that point Officer Waler needed to be prepared to immediately escalate to that appropriate level of force. Our policy states an officer is authorized to use deadly force to protect the officer or others from what is reasonably believed to be an imminent threat of death or serious injury.”
In September, a Montgomery County grand jury declined to indict Waler for a separate shooting in April 2023 in Butler Twp.
He reportedly shot Taevion Booker after police responded to the Days Inn on Miller Lane for a report of gunfire. Booker reportedly reached into his front pocket and pulled out a gun.