Police: Deputy's shooting was justified

Preliminary findings lead investigators to believe a deputy's shooting of an armed man in Marion on Saturday was justified.

The Kalispell Police Department is investigating the fatal shooting of Terrance Sidener, 56, by a Flathead County sheriff's deputy.

Sidener reportedly amassed a small arsenal of weapons and, on Saturday, threatened to kill his wife, wrote a will, told an officer he would kill anyone who approached his house, and then pointed a loaded gun at a deputy before he was shot and killed.

"Preliminary indications are that this was a justified shooting," Kalispell Police Chief Frank Garner said. "I'd want to refrain from making a final conclusion until all the reports are in."

According to Sheriff Jim Dupont, "Initial reports corroborate that the suspect pointed a loaded gun at the deputy and the deputy was forced to fire in defense of himself and others."

Garner assigned the investigation to his major-case unit, led by Detective Sgt. Roger Nasset. The officers are investigating a single shot fired by sheriff's deputy Geno Cook at 3:30 p.m. Saturday at Sidener's house on Newlin Drive East.

Law-enforcement agencies turn investigations over to other agencies when a shooting is involved so that an objective finding can be reached on whether using deadly force was justified.

Sheriff's officers were called to the home at about 2:20 p.m. Saturday by Sidener's wife, who said he was drinking and abusing her. He reportedly threatened to shoot her and then himself.

A lot happened in the next 70 minutes.

According to Dupont, Sgt. Daryl Bain first talked to Sidener on the phone. About 40 minutes after the call, Cook and a deputy in training arrived at the rural Sidener home off Pleasant Valley Road, followed by Bain.

According to Nasset, Sidener first came out of his house with a .30-06-caliber rifle and then went back inside, where his wife was.

He went outside a second time, carrying a .45-caliber Glock semi-automatic handgun, Nasset said. He shot a round into the ground, although he didn't appear to be aiming at the deputies.

Sidener's wife got away then, Nasset said. She was taken into the deputies' care while Sidener retreated back into the house.

He emerged again, still clutching the handgun.

"Geno said, 'Drop the gun,'" Nasset said. Sidener heard the command more than 20 times throughout the encounter, Nasset estimates. He said Sidener responded with profanity and his repeated plea: "Just shoot me."

Sidener walked out of his house, around a truck and down a driveway where the deputies were taking cover behind their vehicles, Nasset said. Bain was trying to negotiate a peaceful ending.

As Sidener walked towards the officers, he initially complied with the order to put the gun on the ground.

Sidener "then changed his mind and bent down, picked it up and extended his arm, starting to point the handgun towards the officers," Dupont said in a press release.

"Geno thought he was going to shoot Darryl," Dupont said Monday.

Cook fired one shot from about 100 feet away that struck Sidener in the chest, Nasset said. Sidener died at the scene.

Garner said Monday there is evidence that Sidener was "homicidal and suicidal."

Six loaded guns and more than 200 rounds of ammunition are evidence of that, Nasset said. So was Sidener's hand-written will, which reads, "Leave nothing to anyone."

The couple had been on a drinking binge for three days before the shooting, Nasset said.

While there is no history of domestic violence at the home that was reported to law enforcement, the couple was suffering from financial and medical problems, Nasset said. They owned the Hilltop Quick Stop convenience store on U.S. 2 in Marion, he said.

Garner said his officers will investigate the matter "the same as we would any other shooting … We'll work it from front to back."

It's inappropriate to reach any final conclusions until reports are back from the state crime lab and medical examiner's office, he said.

A preliminary report will go to the county attorney's office, Garner said. The county attorney may impanel a coroner's jury to review the incident.

The sheriff's office, meanwhile, will conduct its own internal review. A "shooting board" will meet on Monday to make its own determination on whether the shooting was justified.

Cook was placed on administrative leave immediately after the shooting. Dupont said he released Cook from that status Monday but doesn't expect Cook to return to work right away.

Cook has worked for the sheriff's office for less than a year and quickly earned Dupont's respect. He previously was a sergeant with the Whitefish Police Department.

"He's level-headed and uses a lot of common sense," Dupont said. "He's a quiet, damned good officer."

Summing up the shooting, Dupont said: "It's unfortunate."

He said he believes this is only the second time that deadly force has been used by the Flathead County Sheriff's Office.

The other incident was in the 1980s when a deputy shot a suspect in Hungry Horse.

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