Federal charges will not be pursued against NPS rangers in fatal shooting

wireready_07-25-2018-19-52-02_03132_officerinvolvedshooting


Federal charges will not be pursued against two National Park Service rangers involved in a fatal shooting in the Buffalo National River near Yellville in 2017. Duane “Dak” Kees, United States Attorney for the Western District of Arkansas, says there is insufficient evidence to pursue federal charges against the two rangers involved in the  shooting on August 20th, 2017 of 34-year-old Jonathan Bolger of Branson.

Kees said the U.S. Attorney’s Office and the National Park Service conducted a comprehensive review of the incident. This included interviews of civilian and law enforcement witnesses, as well as a review of photographs, diagrams, physical evidence, recorded radio communications, video surveillance footage, the autopsy report, and reports from the National Park Service and the Arkansas State Police.

The U.S. Attorney’s Office reviewed this case due to the concurrent jurisdiction between the state and federal governments that exists over the property located within the Buffalo National River.

According to the evidence, two rangers were conducting a routine patrol of a campground located in the Buffalo National River park. As the rangers were conducting the patrol in the Spring Creek Campground in the Lower District of the Buffalo National River park, at approximately 1:34 am, a man confronted them by shining a flashlight in their direction.

The evidence shows the rangers clearly identified themselves to the man, later determined to be Bolger, but also noticed he was pointing a handgun in their direction. The rangers directed him to put the handgun down multiple times. The evidence then shows Bolger refused their commands and made a sudden threatening move, at which time one of the rangers shot Bolger with his service handgun.

The rangers immediately called emergency medical technicians to the scene and began performing CPR on Bolger, but they were unable to revive him. Emergency medical technicians arrived and declared Bolger dead on the scene.

The evidence also shows a Umarex air pistol was recovered from near Bolger’s body at the scene of the shooting. A medical examiner from the Arkansas State Crime lab determined Bolger’s cause of death was multiple gunshot wounds.

Kees says after a careful, thorough, and independent review of the evidence, federal prosecutors have found insufficient evidence to prove beyond a reasonable doubt the rangers used excessive force or violated federal laws under the circumstances.

The U.S. Attorney’s Office reviewed this case to determine whether sufficient evidence exists to conclude either of the rangers violated any federal or state laws that may be prosecuted in federal court due to the concurrent jurisdiction exercised in the Buffalo National River.

To prove such violations, prosecutors must typically be able to prove the involved officers willfully used more force than was reasonably necessary. Kees says proving “willfulness” is a heavy burden. Prosecutors must not only prove the force used was excessive, but must also prove, beyond a reasonable doubt, the officer acted with the deliberate and specific intent to do something the law forbids. Kees says a conclusion that “there is insufficient evidence” is not meant to suggest anything further about what evidence, if any, exists.

WebReadyTM Powered by WireReady® NSI