Saturday, May 18, 2024
40.0°F

Deputy returns to work after shooting; board finds actions justified

by CHERY SABOL The Daily Inter Lake
| February 2, 2005 1:00 AM

Sheriff's deputy Geno Cook was back on duty Tuesday after he was cleared by an internal review for shooting an armed man in Marion on Jan. 22.

Cook shot Terrance Sidener, 56, after a lengthy standoff at Sidener's home that ended when Sidener pointed a gun at Sgt. Daryl Bain. Law officers had responded to a call from Sidener's wife, who said he was drunk and abusing her.

Reviews by the Kalispell Police Department and by the sheriff's shooting review board found that Cook's shooting was justified.

"There is no question about the fact that Cook did everything he was supposed to do," patrol commander Mike Meehan said. "Geno's use of deadly force was well within the guidelines of state law and our policy."

The five-member shooting board reviewed audio recordings (including Sidener's wife's call to 911), radio transmissions from the officers to dispatchers, the report compiled by Kalispell Police Department that included statements from the officers, and a videotape recorded in a deputy's patrol car.

Cook is not visible in the video, since he was out of the video frame on the passenger's side of the vehicle. Sidener is visible just before the shooting, as is Bain, who was on the driver's side in front of the vehicle.

There is no sound on the video, but Kalispell police found that the officers repeatedly commanded Sidener to put down his weapon; he responded with profanity and pleas for the deputies to shoot him.

The tape shows Sidener's right arm waving the gun as he walks down his driveway. He puts down the weapon; Bain appears in the frame, gesturing to Sidener that he has no gun in his hands or his holster. Eight seconds after Sidener puts down his gun, he bends over and picks it up again and aims toward Bain. Cook then fires a single, fatal round from a shotgun.

The shooting board met for about four hours Monday afternoon before reaching the conclusion the shooting was justified.

"It's certainly a relief" to have the review completed, Sheriff Jim Dupont said. "It weighed heavily on my mind and certainly weighed heavily on the officer's mind."

Meehan said Kalispell police "did a outstanding job with their investigation."

That report was sent to County Attorney Ed Corrigan. Kalispell Police Chief Frank Garner said it will be complete when findings are back from the state medical examiner.

Initial findings showed that Sidener had a blood-alcohol level of .35 when he died - a level of intoxication more than four times the legal limit to drive a vehicle.

The final step in the investigation will be an inquest led by Corrigan. A jury will assemble on Feb. 18 to consider whether the shooting was justified.

Reporter Chery Sabol may be reached at 758-4441 or by e-mail at csabol@dailyinterlake.com