A prosecuting attorney won't file criminal charges against an Osceola police officer who accidentally shot a 16-year-old boy while investigating a Feb. 24 armed robbery of a service station, the prosecutor said.
In a letter to state police Tuesday and released to the media Wednesday, Prosecuting Attorney Scott Ellington said Osceola patrol officer Jennifer Ephlin was justified in having her service weapon drawn when the shot was fired.
The boy, whom police did not name because he is a minor, was treated at a Memphis hospital and returned home later that day.
Osceola police were called to the Shell convenience store at 4610 W. Keiser and Interstate 55 at 1:40 a.m. Feb. 24. Ephlin was the first officer to arrive, Ellington wrote in his review. As Ephlin entered the station with her service weapon drawn, three youths fled, Ellington wrote to Lt. Brant Tosh, the commander of the Criminal Investigation Division of the state police's Jonesboro troop.
A witness said at least one of the youths was armed.
Ephlin said she found one of the fleeing youths and ordered him to stop, but he ran to a parked vehicle and got into the passenger's seat.
"Ephlin approached the vehicle with her weapon still drawn in her right hand with the intent of taking the juvenile suspect into custody," Ellington wrote.
The officer switched the gun to her left hand to open the car door with her right.
"As she grabbed the handle of the door her weapon simultaneously discharged once, entering the right rear door," Ellington wrote.
The bullet struck the 16-year-old in the back.
Ephlin alerted other officers that her gun had accidentally discharged so they wouldn't think that the youth had shot at her, according to reports. Medical personnel were called, and the youngster was taken to a hospital in Memphis.
Osceola Police Chief David Gladden suspended Ephlin with pay while the shooting was under investigation.
Gladden did not return a telephone message Wednesday.
"I have determined the shooting was the result of an accidental discharge of Officer Jennifer Ephlin's service weapon," Ellington wrote. "Given the information Ephlin received prior to her arrival, while she was in the store, and just prior to the shooting, it was not unreasonable, unjust or unlawful for Ephlin to have her service weapon drawn during the encounter."
State Desk on 03/09/2017