FAYETTEVILLE -- A Fayetteville police officer has been cleared of any criminal wrongdoing in a July 27 incident in which he shot a man in the leg.
Fourth Judicial District Prosecutor Matt Durrett said in a letter Officer Kyle Jeney "was reasonable in his beliefs" Joshua Myers posed a threat to him and to the other officer on the scene.
Jeney and Officer Wyatt Rublee were called to 1337 S. Slash Drive around 7 p.m. July 27 on a report of a man who was suicidal, according to information from police. Myers, 31, had reportedly taken a large amount of seizure medication.
Myers left through the back door when the officers approached the home, according to a police report. Myers was carrying what looked like a rifle, which he pointed at the officers, the report says. Jeney fired two shots with one hitting Myers in the left thigh. The officers handcuffed Myers and applied a tourniquet to his leg until paramedics arrived.
Myers was taken to Washington Regional Medical Center for treatment. Sgt. Anthony Murphy with the Fayetteville Police Department said Thursday no other information on Myers condition was available.
It was determined after the shooting the rifle Myers was carrying was a paintball gun. Durrett said Thursday the paintball gun resembled a rifle with a scope and anyone seeing it would reasonably believe it to be an actual rifle.
Durrett said he based his decision on the investigation into the shooting done by the Washington County Sheriff's Office, including body camera video.
Durrett said statements from Myers both immediately after the shooting and in the hospital confirmed it was his intention for the officers to believe he "was about to employ deadly physical force on one of them."
The Fayetteville Police Department is still doing an internal investigation and Jeney remains on paid administrative leave until the review is completed. Murphy said the investigation will determine whether departmental policies and procedures were followed in the incident.
Kelly Cantrell, public information officer for the Sheriff's Office, said the shooting incident itself remains under investigation as it pertains to Myers and no other information is available.