Orem police officer recovering at home

OREM — The Orem police officer shot during a scuffle Sunday is recovering at home following emergency-room surgery to remove a bullet from his back late Sunday.

Orem Police Lt. Phil Murphy, a 20-year veteran of the Orem police department, will be placed on medical leave while he recovers from the injuries sustained while responding to the domestic-violence call.

The incident resulted in the arrest of David L. Burns for investigation of attempted murder of a police officer. He was booked into the Orem holding facility.

Orem Police Lt. Doug Edwards said the slug, which came from Murphy's own gun, was in the fatty layer just beneath the skin. "As serious of an incident as this was, this is the best of all scenarios," he said.

Orem police brass also said Monday that no disciplinary action or administrative leave is planned for the officers who responded to the 7:20 p.m. call to a fight between a man and a woman at 336 E. 1400 South.

Murphy, upon arriving at the scene, attempted to calm the suspect, 21-year-old Burns. He arrived with officer Barry Nielson.

According to Edwards, Burns verbally challenged the officers and lunged for Nielsen's gun as the two wrestled to the ground. Burns was able to get a finger into the holster of Nielsen's gun and fired a round that exited through the bottom of the holster but didn't hit anyone.

"Murphy drew his own weapon and told Burns that hewould shoot him if he didn't release his grip on the sergeant's gun and stop resisting," Edwards said.

Burns calmed down physically but continued verbally challenging the officers, Edwards said.

At that point, Edwards said, Murphy put his weapon in his holster, as it seemed that Burns was calming down. As Murphy attempted to handcuff the suspect, Edwards said, Burns became agitated again, and the fight resumed.

Burns was able to get to his feet and, as Murphy attempted to take him back to the ground, successfully wrested the officer's gun away, Edwards said.

Burns then aimed the gun at Murphy and fired a shot as he was falling to the ground, according to police.

The bullet hit Murphy in the left shoulder, ricocheted off of his shoulder blade and lodged near the base of his spine. In spite of being shot, Murphy continued to help subdue the suspect, Edwards said.

At that point, Officer Jeff Long arrived. He used a Taser weapon on Burns — who was arrested in August 2004 in Cincinnati for allegedly resisting arrest — instead of firing his gun.