BISMARCK, N.D. (AP) - No charges will be filed against two Bismarck police officers involved in the fatal shooting of a 30-year-old man last month, a prosecutor said Monday.
Burleigh County State’s Attorney Julie Lawyer said she finds the shooting of Cody Carnes was justifiable. Authorities said Carnes pointed a gun at officers outside his window after police were called to a noise complaint at his residence on Jan. 9.
Carnes told a neighbor he had a bomb and indicated he would harm anyone who tried to enter his condominium, police said. The West Dakota SWAT team was called after Carnes refused to come out, told officers he had numerous rounds of ammunition and barricaded his door.
Two officers were placed on standard administrative leave after the shooting. Sgt. Dustin Miller, an 11-year veteran, and Detective Lance Allerdings, with more than 10 years of service, have since been taken off administrative duties and are back on their regular jobs in the police department.
“It is unfortunate anytime an officer has to use deadly force in relation to an incident, but these two officers did exactly what they are trained to do in the fluid and dynamic circumstances surrounding this call,” Bismarck Police Chief Dave Draovitch said in a statement.
The North Dakota Bureau of Criminal Investigation completed its investigation earlier this month.
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