With a gun in one hand, Jonathan Bolger made a "sudden threatening move" with his other hand toward the door of his pickup, said Alexandra Picavet, chief of communications for the National Park Service's Midwest Region office in Omaha, Neb.
That's when a Buffalo National River ranger fired four shots from his .40-caliber pistol, she said.
Three of the bullets hit Bolger, 34, of Branson, who died at Spring Creek Campground in Searcy County early on the morning of Aug. 20.
"Ultimately what he was doing was trying to open his pickup door," Picavet said. "And he had the weapon still in his other hand."
After the shooting, rangers discovered Bolger had been holding a BB gun.
An investigation into the shooting ended Wednesday, when U.S. Attorney Duane Kees announced there was insufficient evidence to pursue federal charges.
The investigation "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," according to a news release from the U.S. attorney's office for Arkansas' Western District.
"After a careful, thorough, and independent review of the evidence, federal prosecutors have found insufficient evidence to prove beyond a reasonable doubt that the rangers used excessive force or violated federal laws under the circumstances," the release said. "Prosecutors must not only prove that the force used was excessive, but must also prove, beyond a reasonable doubt, that the officer acted with the deliberate and specific intent to do something the law forbids."
In January, Luke Ferguson, prosecuting attorney for Arkansas' 20th Judicial Circuit, announced that he wasn't filing state charges in the case, but the federal investigation continued until Wednesday. The Buffalo National River is a national park, so it's on federal land.
Two rangers were conducting a routine foot patrol of the campground about 1:34 a.m. when Bolger "lit them up with a bright flashlight," Picavet said.
"He started yelling at them, expletives, 'What are you doing here?' and 'Who are you?'" said Picavet. "They immediately identified themselves as law enforcement officers."
The rangers saw Bolger was holding what appeared to be a handgun. They repeatedly told him to drop it, Picavet said.
The rangers separated. Bolger held the flashlight beam on one of the rangers and continued to challenge them, Picavet said. Then he dropped the flashlight and moved toward his truck.
"All they knew is he was making a sudden and large movement while still holding that gun," said Picavet. "He also refused to follow the lawful order to 'drop your gun.' He was not being cooperative. He was still being combative."
After the shooting, CPR was performed on Bolger and emergency personnel were called. It took about 40 minutes for an ambulance to get to the remote location, Picavet said.
She said the National Park Service doesn't identify rangers under these circumstances. Picavet said the person who fired the shots has been a park ranger for 12 years. The other ranger involved was a trainee. They were on administrative leave from the time of the shooting until October, Picavet said.
She said there have been seven officer-involved shootings by National Park Service rangers over the past 10 years. Three people died in those shootings, including Bolger.
The United States has 417 national parks with more than 300 million visitors a year.
According to an autopsy performed at the state Crime Laboratory, Bolger died of multiple gunshots. One shot hit him in the right side of the back, injuring his liver, right lung and heart, according to the autopsy. The other two shots hit him in the stomach and right upper arm, then exited the body, according to the autopsy. Bolger also had a re-entry wound on his left wrist from one of the bullets.
Bolger had taken the BB gun to fend off raccoons, said David Ransin of Springfield, Mo., an attorney representing Bolger's family.
"The family has been patiently waiting for nearly a year for this report," Ransin said. "And the Parks Service treats this as an open-and-shut case, which causes me concern because if it was open and shut, it would have been done a long time ago."
Ransin said he has yet to see the investigation report or autopsy. He said there have been three news releases from the National Park Service or U.S. attorney's office since the shooting.
"Conspicuously absent from the three press releases is any mention of the foot chase, any mention that John ever pointed the pistol before being shot and any indication that the rangers tried to de-escalate the situation," Ransin said.
Ransin said witnesses told him Bolger had run from the rangers before reaching his pickup.
Ransin has said Bolger was camping at the river with his girlfriend, Ashley Santoro, and her three children, ages 9, 10 and 11. He said Santoro witnessed the shooting.
Metro on 07/26/2018