Officer cleared in shooting

COEUR d'ALENE - Coeur d'Alene Police Officer Spencer Mortensen acted "within the parameters" of the law when he shot and killed a 35-year-old Dalton Gardens man last summer, according to Bonner County Prosecutor Louis Marshall.

At the request of Kootenai County Prosecutor Barry McHugh, Marshall reviewed the findings of an Idaho State Police investigation of the Aug. 25 shooting of Eric Johnston, and declined to press charges against Mortensen.

"The most plausible theory of this case after looking at all of the evidence is that Eric Johnston purposefully walked at Officer Spencer Mortensen after picking up two knives with the intent to commit 'suicide by cop,'" Marshall wrote in a Nov. 29 letter to McHugh.

Marshall reviewed the footage captured on Mortensen's body camera, and wrote that he was able to see the events leading up to the shooting - including Mortensen "clearly" identifying himself and attempting to "de-escalate" Johnston prior to firing five times.

The incident began after Johnston was involved in a hit-and-run vehicle crash near Young Street. Mortensen responded to the scene of the crash and spoke with Johnston's friend, Wendy Allenbaugh, who lives in a nearby apartment complex.

Allenbaugh told him that Johnston was inside her residence and she was "concerned, as he had a knife and was possibly threatening to harm himself."

According to the prosecutor's opinion, when Mortensen entered the apartment, Johnston was approximately 10 feet away holding two knives.

"He (Mortensen) had attempted to de-escelate the situation by asking Mr. Johnston to provide insurance for the crash and had told Mr. Johnston the incident was minor in nature," Marshall wrote.

Johnston "refused all commands" given by Mortensen and instead began walking toward him. While backing away, Mortensen continued to "demand" that Johnston drop the knives and stop.

Upon reaching the doorway of the apartment and with Johnston still approaching him, Mortensen shot and killed Johnston.

In a law enforcement interview with Allenbaugh, she told investigators that before police arrived the two spoke and that they could hear sirens. Johnston then told her that "he did not want to go back to jail."