Niangua police officer will not be charged in March 13 shooting death

Lina Portman4 weeks ago

2 2 minutes read

After reviewing body camera footage and other evidence collected by investigators, a Webster County grand jury chose not to indict a Niangua police officer following a fatal on-duty shooting .

Webster County Prosecutor Benjamin Berkstresser sent a news release Friday saying the jury found no criminal action by Niangua Officer Dwayne McAtee in the shooting death of Dylan Austin , on March 13, after the 28-year-old man allegedly pulled out a gun following a pursuit that ended inside. his mother's house.

Berkstresser said he will not file charges against McAtee following the grand jury's decision, which followed a collective investigation by the Critical Incident Task Force comprised of the Greene, Christian, Lawrence and Webster.

“McAtee, who was acting police chief in the town of Niangua, fatally shot Austin after stopping an ATV in Niangua that was driven by Austin who fled on foot after learning he was being placed in custody. state of arrest, a chase “ensued,” Berskstresser wrote, “and then the fatal shot was fired when the chase ended at a Niangua home where Austin fled. “

McAtee had been placed on leave since the shooting pending a review of the incident. It is unclear whether he has since returned to duty, as messages from the News-Leader to Niangua City were not immediately returned Friday afternoon.

McAtee and the city continue to face a multimillion-dollar civil suit filed by Austin's mother, Melinda Austin, over a litany of allegations, including wrongful death, negligent hiring and failure to training.

Police say Austin pointed his gun at an officer inside the home

Around 9 p.m. on the evening of March 13, authorities said McAtee and a Webster County deputy attempted to arrest Austin for allegedly operating an ATV in the small Webster County town with a revoked/suspended license. After Austin asked officers if he could smoke a cigarette, according to Friday's news release, he fled, leading to a chase that ended at his mother's home.

Citing what Berkstresser said was mostly filmed on a body camera, McAtee allegedly followed Austin into the house.

“Officer McAtee pursued Austin into the unknown residence, forcing entry immediately behind Austin. There was a lady in the residence shocked and alarmed by the sudden pursuit into her home,” the prosecutor's press release states. “Austin entered a bedroom in the back of the house, McAtee approached the room to find Austin pointing a gun at him, at which point Officer McAtee fired his gun, striking Austin died at the scene, although CPR was administered by McAtee and others.

The “lady” mentioned appears to be Melinda Austin, who said she witnessed the shooting and that her son was not holding a gun, but a flashlight. Webster County Sheriff Roye Cole told local media that investigators found a gun near the deceased's body during their initial investigation, as well as an empty holster on his belt.

Missouri court records indicate Austin has one criminal case, a 2015 arrest in which he pleaded guilty to drug intoxication and possession of marijuana. He was also cited in 2017 for driving without a license and in 2021 for driving with a suspended license.

Before the fatal incident, Missouri court records indicate Austin had one criminal case, a 2015 arrest in which he pleaded guilty to DWI drug intoxication and marijuana possession. He was also cited in 2017 for driving without a license and in 2021 for driving with a suspended license.

Melinda Austin said in her lawsuit that McAtee “led an inappropriate campaign of stalking and harassment against her son, which was witnessed and reported by many members of the community” and that he feared for his life.

Lina Portman

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