Deputies cleared of wrongdoing

SANDPOINT — Bonner County sheriff’s deputies who were involved in a gunbattle with a Blanchard man have been cleared of wrongdoing, according to the Kootenai County Sheriff’s Office.

Deputies William Craffey, Michael Gagnon and Justin Penn were attempting to arrest Adam Deacon Foster outside his home earlier this year. Foster allegedly opened fire on the deputies, striking Gagnon and Penn. The deputies returned fire and wounded Foster, according to court documents.

As a result of the use of deadly force, the incident was submitted for review by the multi-jurisdictional North Idaho Critical Incident Task Force. The results of the review were referred to the Kootenai County Prosecutor’s Office, which determined the deputies’ use of force was justified.

“I have concluded that Bonner County deputies Gagnon, Penn and Craffey used appropriate force in response to the threatening conduct of Adam D. Foster,” Kootenai County Prosecutor Barry McHugh said in a Dec. 12 letter.

Gagnon, 53, and Penn, 30, were seriously wounded in the shooting, but have returned to duty. Foster, 31, was charged with two counts of attempted first-degree murder in connection with the Jan. 16 shootout off Mountain View Road. Foster was the subject of an arrest warrant alleging two counts of misdemeanor battery. The arrest of Foster was hastened by Foster’s threats of homicidal violence against a neighbor and law enforcement if anyone tried to stop him, court records indicate.

Foster allegedly bolted from the deputies, took up a concealed position on the side of his home and opened fire when pursuing deputies came into view. Foster allegedly told task force investigators that he was targeting the deputies’ center mass, which suggests he was shooting to kill when he opened fire with a .44-magnum Ruger Redhawk revolver.

Despite being shot and falling to the ground, deputies Gagnon and Penn were able to shoot and wound Foster, ending the firefight.

Kootenai County officials said several factors were taken into consideration when evaluating the deputies’ use of force. They included the totality of the circumstances, information the deputies possessed when the gunfire broke out, whether the person was actively resisting or whether the armed person posed an immediate threat to the officers’ safety. They also evaluated the provided facts and evidence and the severity of the crime being committed.

Any evaluation of the used of deadly force must include a recognition “that police officers are often forced to make split-second judgments in circumstances that are tense, uncertain and rapidly evolving,” Kootenai County officials said in a news release.

Foster remains jailed with his bail set at $2 million. He pleaded not guilty to the charges and is scheduled to be tried in March 2018, although civil mediation is being conducted in an attempt to resolve the criminal case.

Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.