Shooting by agents at North Logan hospital was justified, county attorney says
Bryan Buckley, For the Deseret News
NORTH LOGAN — A man who pulled out two guns inside Cache Valley Hospital in May told officers, "Someone is going to die today," investigators said.
Two officers from Adult Probation and Parole — Clint Lund and Dennis Franklin — who happened to be in the hospital at the time on an unrelated matter, confronted Jason James Burr, 34, of North Logan, near the emergency room. Lund ended the threat by shooting Burr four times after Burr allegedly pointed one of his two guns toward him.
Last week, the Cache County Attorney's Office concluded that the shooting was legally justified.
The incident happened May 16 when Burr staggered into the waiting area of the hospital's emergency room, 2380 N. 400 East, according to the county attorney's report.
When the clerk asked if she could help him, Burr asked if there “were police in cars here.” He followed that by telling the clerk to call SWAT.
“I need to report a domestic. She is in the car outside," Burr said, according to the report.
At that point, investigators say Burr took out a 9mm handgun and racked a round in the chamber. A hospital security guard confronted Burr and asked him what he wanted.
"Burr told the officer that he wanted to see his doctor face to face 'now,'" the report states.
He then produced a second gun, a double barrel .38 caliber Derringer, which he held in his other hand. Burr asked the officer if he was wearing a bulletproof vest and then told him, “Someone is going to die today," according to the report.
While this was happening, another hospital employee contacted the two probation officers who postioned themselves near Burr. Lund yelled at Burr to drop his weapons. Instead, he turned and pointed one of them directly at the agent, the report states.
Lund fired three times at Burr. After Burr fell to the ground, he continued to wave his weapons, prompting Lund to fire a fourth shot.
"At this point, Burr surrendered, dropped the guns, and asked agent Lund to stop," according to the report.
Burr was shot in the left arm, right groin and the left side of his chest.
After the shooting, some of Burr's family members said he was on pain medications because of severe back pain and may have been upset because he was denied treatment. They said they were shocked at his actions.
In June, Burr was charged with six felonies and two misdemeanors in 1st District Court in connection with the incident. His charges included attempted aggravated robbery, a second-degree felony, and three counts of aggravated assault with a dangerous weapon, a second-degree felony.
A preliminary hearing for the case is scheduled for July 30.
In 2010, Burr pleaded guilty to two amended charges of falsely obtaining a prescription. He was sentenced to 30 days in jail, put on three years probation and ordered to undergo drug treatment, according to Utah court records. In 2011, the Bear River Health Department reported to the court that Burr was attending his treatment regularly and recommended more treatment.
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