UPDATE
http://www.sltrib.com/utah/ci_4001811
Shooting put suspect in hospital
By Stephen Hunt
The Salt Lake Tribune
Recently terminated Utah Highway Patrol Trooper Edward J. Bentley was charged this week with second-degree felony aggravated assault for shooting a robbery suspect after a high-speed chase in March through Emery and Carbon counties.
Bentley shot and wounded suspect John Louis Gourno III after Gourno exited a getaway vehicle and was walking backward - with his hands in the air - toward a half-dozen police officers.
Carbon County Attorney Gene Strate said Friday that investigators expected Bentley to say he accidentally fired his M-14 rifle.
"But the trooper was adamant that he intentionally shot the suspect," Strate said. "He took the position that the subject had lowered his hands and was turning, and that he thought [Gourno] was going for a weapon."
But an investigation by the county sheriff's office, which included viewing video footage from patrol cars, indicated the subject did nothing to deserve being shot, Strate said.
According to Utah law, the use of deadly force is only allowed in response to a threat of deadly force.
Defense attorney Greg Skordas insisted this is not a criminal case and that Bentley will be acquitted.
"This is an officer who discharged a weapon in the course of his duties," Skordas said. "He had no intent to commit a crime. He thought at the time it was the right thing to do.
"In his mind, he said, 'Something happened, and I pulled the trigger.' "
Bentley has visited a psychologist in an attempt to re-create events that day. "It's a situation where we are all looking back in hindsight," Skordas said.
Bentley, 32, who serves as the mayor of Green River, was recently terminated from his job as a result of the shooting. Skordas said the termination is being appealed.
The shooting occurred March 12 after Gourno and Audie Max Barnes, both 29 and of Ohio, allegedly robbed the Green River Comfort Inn at gunpoint of $245.
The robbers, driving a stolen vehicle, fled north on U.S. Highway 6 during a police chase that exceeded 100 mph.
The suspects were stopped at a roadblock east of Wellington, where a handful of officers - including the off-duty Bentley - confronted them with guns drawn.
Barnes, the driver, was ordered to exit the vehicle and walk backward toward the officers with his hands in the air. Gourno was shot as he was complying with a similar order.
Strate said the bullet from Bentley's rifle damaged Gourno's liver. He spent a couple of months at University Hospital before being sent back to Ohio to serve a year in jail on an unrelated conviction.
Strate said Gourno needed to be in a secure facility where he was also close to a trauma center.
"He walked out of the hospital, but he has prolonged problems," Strate said.
Both Gourno and Barnes were charged in Castle Dale's 7th District Court with aggravated robbery, car theft and failure to stop for police. Barnes is scheduled for trial Friday.
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