Sheriff’s deputy justified in shooting armed soldier in Tooele County

Posted at 1:35 PM, Jan 16, 2015
and last updated 2015-01-16 16:27:21-05

TOOELE, Utah – The Department of Public Safety said the Tooele County deputy who shot and killed a man in Stansbury Park was justified in using deadly force.

Back on Dec. 28, Sgt. Eli Wayman shot 28-year-old Nicholas Ryan McGehee.

The incident started when McGehee’s wife Kathryn called authorities about her husband who was intoxicated, had stepped on some glass and needed help.

Deputies went to the home near Aberdeen Lane and Merion Dr. after Kathryn told the 911 dispatcher her husband was armed with a shotgun.

When Sgt. Wayman saw McGehee with the shotgun, he told him to put down the gun and talk.

At that point McGehee went back into the house and slammed the door.

“Task Force Marne commanding general, Maj. Gen. Tony Cucolo, shakes hands with, Spc. Nicholas McGehee, a native of Sanford, N.C. and “Golden Dragon” Soldier with 1st Battalion, 14th Infantry, 2nd Advise and Assist Brigade, 25th Infantry Division out of Schofield Barracks, Hawaii, after pinning him with the military’s oldest award still given to servicemembers, The Purple Heart, during a ceremony on Contingency Operating Site Warrior, Kirkuk, Iraq, Oct. 7.”McGehee was shot and killed in an encounter with police in Tooele County on December 28. Image courtesy Defense Video and Imagery Distribution System.

During the altercation Sgt. Wayman told McGehee at least three times to drop his weapon but he didn’t listen.

Officials said McGehee ended up pointing his gun at Sgt. Wayman which forced him to shoot.

Neighbors told Fox 13 McGehee was an Army recruiter and had been awarded the Purple Heart after being  wounded overseas.

Sgt. Wayman has been on the force for more than a decade.

He was wearing a body camera but it was not turned on at the time of the shooting.

Tooele County deputies only received the body cams a week before the incident.

Officials said the protocol at this point is not to turn on the cameras during a medical call because of the personal nature and privacy laws relating to health care.

Police say man shot, killed by deputy had pointed gun at police