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The original item was published from 8/10/2016 1:44:28 PM to 8/18/2016 12:00:02 AM.

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Posted on: August 10, 2016

[ARCHIVED] Criminal Charges Not Warranted in March 6th Police Shooting

The Bismarck Police Department received the North Dakota Attorney General’s report via the Burleigh County State’s Attorney’s office on the investigation of the shooting death of James Anthony Scott, 42, Mandan. That report states “criminal charges in the case are not warranted.”

An officer involved shooting occurred on March 6th at 11:28 p.m. at 32nd Street and Rosser Avenue. One Bismarck Police officer was involved. A caller called 911 and reported there was an intoxicated male in the back of this building armed with a shotgun who wanted to kill the caller. Scott was shot by police and was taken to a local hospital by Metro Area Ambulance where he later died.

The officer, Shaun Burkhartsmeier, with eight years of experience with the Bismarck Police Department, was not injured. He will remain on administrative leave until cleared for regular duty.

Bismarck Police Department will establish a Deadly Force Review Board per the following policy:

A. The State’s Attorney who receives the report of the criminal investigation into the officer(s) use of deadly force shall provide a ruling on whether the use of force was justified and in accordance with state law.

B. The Chief of Police shall be responsible to make a determination on whether the officer(s) use of deadly force was justified and in accordance with department policy. This determination of the Chief may require an Internal Affairs Investigation be conducted.

C. The Chief of Police may also assign the Deadly Force Review Board to examine the facts of the situation, to include a review of the criminal and internal affairs investigation and provide a recommendation as to whether the use of force was justified and within policy.

D. The Chief of Police shall review the final report of the Internal Affairs Investigation and/or Deadly Force Review Board and shall render a decision as soon as possible.

E. Written notification of this decision shall be forwarded to the officer(s) involved in the incident as soon as possible. This decision shall be the basis for disciplinary action if warranted. The officer shall have the right to appeal any disciplinary action as outlined in General Order 2601 Section 3 and City Ordinance 9-06-04.

F. The intent is to return officers to regular duty as soon as possible. The officer may be returned to restricted duty as soon as medically cleared as outlined in Section 16.A above, but may not be returned to regular duty until such time as the Chief has made a determination the officer(s)’ actions were justified and within policy. The officer shall be returned to regular duty as soon as this determination is made.

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