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Morgan officer not justified in shooting, won't be prosecuted

Published: Tuesday, Jan. 22 2013 8:51 p.m. MST

MORGAN — The actions of a Morgan County police officer who shot a Colorado woman in the eye were not justified, but the officer will not be prosecuted, the Davis County Attorney's Office announced Tuesday.

While Sgt. Daniel Scott Peay lawfully and properly pursued Kristine Biggs, 41, who police say was fleeing from them while intoxicated on Nov. 26, the use of deadly force didn't "squarely fit" Supreme Court statute in the moment he pulled the trigger, Davis County Attorney Troy Rawlings said.

Biggs, who had been stopped for a non-functioning headlight, was accused of leading police on a chase through Weber Canyon and then crashing the vehicle into police vehicles.

Rawlings said Peay believed he was "protecting life from an aggressor in a vehicle who was not going to stop" when he shot through the windshield, striking Biggs in the face.

The attorney's office believes Peay would not be convicted were the case to go to trial, Rawlings said.

Biggs was charged in 2nd District Court with two third-degree felony counts of aggravated assault and failure to respond to an officer's signal, as well as misdemeanor charges, including DUI. She pleaded guilty earlier this month to failure to respond to police commands and DUI. The other charges were dismissed. 

Biggs is scheduled to be sentenced Feb. 25.

McKenzie Romero

Twitter: McKenzieRomero

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