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Calaveras County Sheriff's Office
Tuesday November 20th, 2012 :: 03:22 p.m. PST


Duey OIS Update


Contact: Sgt Chris Hewitt
Release Date: 11/19/12
Release Number: 4

Update on Officer Involved Shooting in Arnold (3/15/12)

(Arnold, CA) On March 15, 2012, at approximately 0824 hours, the Calaveras County Sheriff’s Office was dispatched to a possible robbery or burglary in-progress in the area of 731 Blue Lake Springs Road. A short time later CCSO Dispatch Center radioed to Corporal Oldham that a second reporting party, the driver of an Ebbett’s Pass Gas truck, reported that an adult male was walking around the subdivision with a gun. Additional calls were received that there was an adult male, later identified as Kevin Duey, lying on a roadway shooting a gun. Corporal Oldham arrived in the area and contacted the Ebbett’s Pass Gas driver, who confirmed that he saw and briefly spoke with a man who was holding a gun. The driver also reported that Suspect Duey put his arm around the driver’s neck from behind while waving a handgun in front of the driver’s face. The driver further stated that Suspect Duey appeared to be under the influence.

Corporal Oldham searched the area for Suspect Duey. While searching the area, Corporal Oldham heard gunshots nearby. He drove to the area of Dawyn Drive near the intersection of Moran Road where the shots were coming from. As he parked his vehicle Corporal Oldham heard a number of additional gunshots. Corporal Oldham moved to the corner of Dawyn Drive and Moran Road where he observed Suspect Duey standing in a drainage ditch in front of a residence on Dawyn Drive. Suspect Duey was screaming and trying to scramble up the dirt embankment towards the house.

Corporal Oldham announced himself to Suspect Duey and ordered him to show his hands. Suspect Duey continued to try to scramble up the dirt embankment towards the residence he was facing. Corporal Oldham continued giving commands not knowing if the residence was occupied, at which time Suspect Duey stopped his climbing movement, stood up and looked towards where Corporal Oldham was standing. As Suspect Duey turned Corporal Oldham could see a handgun in Suspect’s Duey’s right hand. Corporal Oldham again announced himself and ordered Suspect Duey to drop the gun. Suspect Duey then raised his right arm up towards Corporal Oldham, pointing the handgun at him. Corporal Oldham, fearing for his life and the lives of the residents in the neighborhood, shot Suspect Duey once in the posterior (back), right upper quadrant knocking him to the ground. Suspect Duey was pronounced deceased by medical personnel a short time later.

During Suspect Duey’s autopsy it was discovered that the fatal shot was fired from a diagonal angle which caused the bullet to transect Suspect Duey’s body, posterior right upper quadrant to anterior left upper quadrant. The results of the autopsy corroborated statements that Suspect Duey pointed his handgun with his right hand at Corporal Oldham, which caused the rifle bullet to travel in the diagonal direction into and through Suspect Duey’s torso. This was consistent with Suspect Duey’s body facing away from Corporal Oldham while being turned slightly to his right, looking over his right shoulder, with his right arm raised and extended outward towards Corporal Oldham. This positioning would have placed the right side of Suspect Duey’s body towards Corporal Oldham, forcing the deputy to take a shot that entered the posterior (back), right upper quadrant, with the bullet travelling diagonally through the body, and exiting anterior (chest) left upper quadrant. In this position Suspect Duey was able to pose a deadly threat with the handgun to Corporal Oldham.

Throughout the incident Suspect Duey fired a total of 14 rounds from a Glock .40 caliber handgun. Some of the rounds struck a nearby home, as well as a parked vehicle at a separate occupied residence. Evidence at the scene indicated that Suspect Duey had climbed up the side of a residence and fired rounds into the structure.

Toxicology reports confirmed that Suspect Duey was under the influence of methamphetamine (a methamphetamine pipe was located on his person) and alcohol at the time of the incident. Suspect Duey was on probation, which included him being under house arrest with an ankle GPS electronic monitoring device.

The investigation revealed that the actions of Suspect Duey placed the citizens and those in vehicles travelling through the area, and Corporal Oldham at risk of serious bodily injury or death. The decisive actions of Corporal Oldham likely saved the lives of innocent persons who were home at the time of the incident. Suspect Duey’s drug induced behavior led to the unfortunate conclusion to this incident.

California Penal Code section 196: Killing in Performance of Official Duty Justifiable, states: “Homicide is justifiable when committed by public officers…When necessarily committed in overcoming actual resistance to the execution of some legal process, or in the discharge of any other legal duty.”

Tennessee v. Garner (U.S. Supreme Court), held that under the Fourth Amendment, when a law enforcement officer is pursuing a fleeing suspect, he or she may use deadly force to prevent escape if the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.

Calaveras County District Attorney Barbara Yook completed her review and analysis of the officer involved shooting on March 15th, 2012. It is District Attorney Yook’s opinion, based on facts and the law, that Corporal Tom Oldham’s actions were both justified and excusable under the law. Yook stated that no criminal charges will be filed in the shooting death of Kevin Duey.

Calaveras County Sheriff's Office
Jeff Tuttle Dr
San Andreas, CA 95249

Emergency: 9-1-1
Non-emergencies: 209-754-6500

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