Officer who shot, killed woman was legally justified, D.A. says

Published: Friday, March 1 2013 6:40 p.m. MST

Simons' body was found in the driver seat of the vehicle and an autopsy showed that she had been hit twice, in the head and torso.

The supervisor corroborated Sutera's narrative. Carr "generally corroborated" the incident and he remembered Sutera identifying himself and telling Simons to stop, Gill wrote.

Six shell casings were recovered from the scene. All were consistent with Sutera's weapon. There were six bullet strikes to the truck.

Sutera had been told that Simons had been involved in a number of armed robberies in which she threatened others and he knew she was believed to have fired at an officer recently. Gill said that made Sutera believe it was likely the woman was armed on Jan. 9 and posed a potential threat.

"Sutera was legally justified in using deadly force against Kelly Simons … by virtue of his belief of Simons' previous felony use of deadly force and her evident unwillingness to submit to arrest," Gill wrote.

Chotia-Thompson was arrested around 10:30 p.m. on Jan. 9 after she allegedly tried to rob The Grocery Store, 1224 S. 400 East. Police reached the woman on her cellphone and convinced her to turn herself in.

She was charged with one count of aggravated robbery, a first-degree felony, in 3rd District Court.


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