Police justified in shooting suicidal veteran, prosecutor rules

A police officer who shot and injured a troubled veteran in May 2015 was justified, according to the Spokane County Prosecutor’s Office.

The mother of Craig Burton’s girlfriend called police that night to report Burton was feeling suicidal and was in the backyard of the home at 5527 N. Ash St. with a gun. When police arrived, they heard several gunshots, a pause, more gunshots, another pause and then more gunshots, according to to court documents.

At the same time, Burton was shouting “Do it!” at officers. Burton’s statements and the gunfire can be heard on a body camera video recording of the incident.

Burton came out in the alley behind his home with the gun. Police officer Nicholas Spolski fired once after Burton refused commands to drop the gun, according to court documents.

“Under these circumstances it was reasonable for Officer Spolski to respond with deadly force,” said a news release from the prosecutor’s office.

Burton was on trial recently on three charges of first-degree assault in connection with the incident. A verdict is expected next week, said Burton’s defense attorney, John Stine.

Burton had earlier attempted suicide, Stine said, and was taking an antidepressant to help manage symptoms of attention deficit hyperactivity disorder. His dose of the antidepressant Paxil had recently been doubled, Stine said.

The night of the shooting, Burton was trying to force police to shoot him in a “suicide by cop,” Stine said.

“He had no intention of assaulting the officers,” Stine said. “He fired into the air.”

Stine said he argued at trial Burton didn’t intend to harm anyone. Intent to harm is a required element of first-degree assault.

During the standoff, Burton could clearly see several officers who were trying to hide behind a chain-link fence with privacy slats, Stine said.

“He was a trained marksman,” he said, referring to Burton’s time in the Army. “If he had wanted to shoot them he could have.”

Stine said he has asked Spokane County Superior Court Judge Michael Price to find Burton guilty of the lesser charge of unlawful display of a weapon.