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Wednesday, March 03, 2010

Deputy's deadly force justified, prosecutor says

A December standoff near Christiansburg ended after a man was shot.

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News release

The use of deadly force by a Montgomery County sheriff's deputy in a Dec. 30 incident was "justified and appropriate," according to a special prosecutor.

Michael Eugene Potts, 35, was killed by a single gunshot fired by Deputy Joseph Collins after a police pursuit and a nighttime standoff on Ellett Road, according to a review of the case released Tuesday by Salem Commonwealth's Attorney Tom Bowers.

Bowers said Collins' actions were appropriate because the deputy had a reasonable belief that Potts' daughter, 2-year-old Olivia Williams-Potts, and other law enforcement officers were "in imminent danger of death or serious injury." Bowers added that he found no basis for any criminal charges involving the actions of Collins or any other officer at the scene.

Neither Potts' daughter nor law enforcement personnel were injured.

The review details what happened that night:

A pursuit began about 8:40 p.m. after police responded to a report that Potts was intoxicated, that he took his daughter from her baby sitter without permission and that he tried to run down the baby sitter and another person. An autopsy report later showed that Potts had cocaine in his system and a blood-alcohol content of .13 percent.

Shortly after police responded to the report, an officer spotted Potts' blue Dodge Ram pickup driving without headlights on Ellett Road. The officer gave chase, but within two minutes, the Dodge rear-ended another truck, occupied by an off-duty Montgomery County deputy and his teenage daughter.

About 8:50 p.m. police received word from Darlene Williams, Potts' estranged girlfriend and Olivia's mother, that he had phoned her threatening to kill the child if she didn't call off the officers.

Additional officers from Christiansburg and county deputies arrived, some with assault rifles, and took different firing positions around the truck. While talking to a negotiator, Potts reportedly slashed at his own neck several times with a utility knife.

About 9:20 p.m., Potts again tried to drive his way out. Collins was strategically positioned as the primary shooter on a snowbank about 40 feet behind the truck. The deputy fired one shot from a M-16 patrol rifle and struck Potts in the neck. Potts was pronounced dead at the scene.

Bowers was appointed to the case after Montgomery County Commonwealth's Attorney Brad Finch recused himself, citing his frequent work with the sheriff's office.

Montgomery County Sheriff Tommy Whitt said his office asked Virginia State Police for an independent investigation of the incident, and Finch's office asked Bowers for an independent review of that report.

Collins has been returned to his normal duties, Whitt said.

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