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State's Attorney: Officer had 'no choice' in fatal shooting of Peoria man

Peoria County State's Attorney Jodi Hoos (left) speaks about early childhood education and law enforcement at a press conference Wednesday morning, flanked by Peoria County Sheriff Chris Watkins (middle) and Peoria Police Chief Eric Echevarria.
Collin Schopp
/
WCBU
Peoria County State's Attorney Jodi Hoos (left) speaks about early childhood education and law enforcement at a press conference Wednesday morning, flanked by Peoria County Sheriff Chris Watkins (middle) and Peoria Police Chief Eric Echevarria.

The Peoria County State's Attorney say officers had "no choice but to use deadly force" in the death of a Peoria man.

Donald Wilson, 46, died instantly July 21 after being shot by a Peoria police officer. The officers were serving a warrant for an order of protection violation when the shooting took place. Four members of the department had been placed on leave following the incident.

According to a release, the state's attorney's office examined body camera footage from multiple officers which captured both audio and video of the incident. There were no other witnesses identified.

The release said when one officer first engaged Wilson on July 21 he ran into a locked garage. The officer spoke to him through the door, but he refused to come out. More officers arrived and they used a key from the homeowner to unlock the side garage door. Wilson held a shovel and refused to turn around for police to take him into custody. Officers tased him, but the taser did not make connection.

Police backed out of the garage while still attempting to take Wilson into custody. Wilson remained inside the garage and held an item that was on fire. The release described him as "visibly angry and shouting."

Officers re-entered the garage. Two had their taser out and one officer had his gun out. Officers attempted to tase Wilson again, but the effects did not last. Wilson then swung his shovel towards the officers and was shot by the officer providing cover for the two armed with tasers.

The autopsy indicated Wilson had an "intoxicating amount" of cocaine in his blood at the time of his death.

The state's attorney found that the officers were legally justified to use deadly force. The office found that the officer was justified in his belief that it was necessary to prevent harm to himself of others. The report also cites multiple attempts by officers to take Wilson into custody and the unsuccessful use of the taser to subdue him.

A statement from Peoria Police Chief Eric Echevarria said the officers involved will return to full duty. The department's Office of Professional Standards will also conduct an internal review the incident.

"We continue to share our condolences with the family of Mr. Wilson," Echevarria said in the statement. "I want to remind our community that Police officers, in circumstances that are tense, uncertain, and rapidly evolving, are often forced to make split second judgements regarding the amount of force necessary."

Camryn Cutinello was a reporter and digital content director at WCBU.