Alex Gardner

Facebook/BrianBabb

Lane County District Attorney Alex Gardner announced Friday Eugene Police officer Will Stutesman was justified in firing his weapon at Brian Babb.

On March 30th, the Army Veteran who served in Afghanistan was fatally shot after he pointed a scoped high powered rifle at two EPD officers, who were trying to negotiate with him.

The rifle was not loaded at the time. In the District Attorney's report, it states:

Rachael McDonald

Lane County's District Attorney says lack of law enforcement capacity contributed the release of a man accused of killing two people over the last few weeks.  

Eugene Police arrested Ricardo Cheney on drug and firearms charges on March 6th.  The DA's office said it chose not to file charges because the crime involved no violence or threat of violence and fell below the current local threshold for prosecution.