Estimated read time: 3-4 minutes
- Three Taylorsville officers were legally justified in shooting and killing Foueti Tupou Afeaki, the district attorney announced Friday.
- Afeaki, armed with a loaded gun, was shot after retrieving a handgun he had hidden.
- Officers spent over 36 minutes attempting to deescalate the situation before shooting.
TAYLORSVILLE — Three Taylorsville police officers were legally justified when they opened fire on a man with a gun while responding to a domestic violence situation, the Salt Lake County District Attorney's Office announced Friday.
On March 17, 2024, police were called to 3954 W. 5820 South after Foueti Tupou Afeaki, 33, threatened to kill his family, according to the final report issued by District Attorney Sim Gill. Officers arrived to find Afeaki "sitting in a chair toward the back of the residence's half-open garage."
Despite talking with Afeaki for over a half hour, he "continued to insist that he wasn't going anywhere and wanted to be left alone," the report states. After conferring with their sergeant, the decision was made by police to arrest Afeaki on outstanding misdemeanor warrants.
As officers reentered the garage, Afeaki told them, "There's too many of you guys in here," according to the report. Then as the officers moved toward Afeaki, he "quickly reached his right hand out to the side and retrieved a handgun from behind a blanket, and then started to present it toward the officers."
Taylorsville Police Sgt. Evan Keller and officers Nicklaus Rogers and Justin Mecham opened fire on Afeaki. An autopsy determined Afeaki died after being shot a dozen times. The report states that the three officers fired a total of 15 rounds.
Another Taylorsville officer who was present but did not shoot told investigators that as the officers walked up to Afeaki, "he reached over and grabbed something. And I didn't see it, 'cause I had people in front of me, so my line of sight was kind of obstructed. And everyone just started shooting. And as soon as I — I drew my gun, and I see that he had a gun in his hand," according to the report. "I've never been that close to somebody, you know, shooting me or, you know, whatever, I don't know, pointing a gun at me like that."
Gill noted in his report that "in this case, as captured on body-worn camera, officers were on scene with Mr. Afeaki for about 36 minutes before they attempted to take him into custody. During that time, officers attempted to talk with him, reason with him, and calm him down. As the conversation continued, Mr. Afeaki insisted that he wasn't going anywhere."
And when officers moved toward him and asked him to stand up to take him into custody, "Mr. Afeaki quickly reached his right hand out to the side, retrieved a handgun from behind a blanket, and then began presenting it toward the officers," Gill added.
Police later determined that Afeaki's gun was loaded.
During a press conference on Friday to go over his findings and show body camera videos, Gill noted that the officers tried for over a half-hour to develop a rapport with Afeaki and talk with him and at one point even got him some cigarettes that he requested. But after it became clear he wasn't going to move, and because of prior threats, the decision was made to arrest him. But even then, Gill says body camera videos show the officers casually walked up to him and were not aggressive.
"They certainly knew there was a concern for safety that had been communicated to them. They were concerned that he may act erratically in a violent manner. They, nonetheless, tried to interact with him for (an extended) period of time" before the decision to arrest was made, Gill said. "'He's not going to come out of there voluntarily. We've been trying to reason with him.' And the decision was made to arrest."
Gill met with Afeaki's family earlier Friday. He says they are understandably heartbroken, and it was a "difficult conversation." But he said they seemed thankful that Gill was willing to answer their questions.
"I feel for them," Gill said. "They're hurt. They feel a lot of grief. And in those conversations I do have with them I tell them you have every right to feel the grief that they're feeling because they've lost a loved one regardless of what the context might be."
