Jury acquits man of assaulting West Jordan officer who shot him

Jury acquits man of assaulting West Jordan officer who shot him

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SALT LAKE CITY — A man who was shot by a West Jordan police officer has been acquitted of assaulting that officer.

Timothy James Peterson, 33, was found not guilty by a jury Tuesday of assault against a police officer, a second-degree felony. Court records indicate the jury deliberated the issue about two hours following the two-day trial.

Defense attorney Ed Brass argued that the testimony and the officer's body camera footage confirmed that Peterson didn't have a gun and, considering he's missing much of his right hand including his thumb, couldn't have used it even if he'd had one.

Brass — who represented Peterson along with defense attorney Kim Cordova — called the case "a matter of perception versus what really happened."

"Our defense was as simple as that," Brass said. "(The officer's) perception was that he was being threatened by gestures with the right hand, that (Peterson) couldn't do. The fact that there was no gun, there's no threat visible in the video, there's no verbal threat, there's no stopping and turning and pointing of anything. I think all of those things, we argued, meant there was no assault."

Peterson was charged after the July 2014 shooting by West Jordan police officer Ian Adams, who was responding to reports that Peterson had violated a protective order and had threatened online to either shoot officers or attempt "suicide by cop."

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Adams, who had been provided a photo of Peterson and reports of his threats, spotted Peterson and another man in a parking lot near 7037 S. Plaza Center Dr. (3800 West). When the officer approached, Peterson ran, tossing a grocery sack and an object later discovered to be a large knife, according to investigators.

With the officer in pursuit, Adams said Peterson turned and pulled out what looked like a gun. Adams fired, striking Peterson twice.

Brass contends that Peterson never turned to face the officer as he ran, pointing out that both shots struck the back of Peterson's body.

"The officer testified that, based on his training, (Peterson) was reaching in an area where people normally draw firearms from," Brass said, noting that much of Peterson's right hand is missing following an industrial accident several years ago.

Peterson was treated at an area hospital and booked into jail a week later on outstanding warrants.

A friend who was with Peterson the night of the shooting told investigators Peterson was carrying a large knife and a piece of metal he had bent to look like a gun, with a laser pointer attached to the piece resembling a barrel. Peterson had described his "suicide by cop" plans to him, the man said.

In an interview with officers, Peterson denied bending the metal with the laser on it in order to resemble a gun, claiming it bent when he fell on it after being shot.

The shooting was determined to be legally justified in August 2014.

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McKenzie Romero

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