AMITY, Ore. — Two deputies who shot and killed a man in Amity on July 7 were justified in using deadly force, Yamhill County District Attorney Brad Berry announced on Friday.
Kelly Kenneth Sutton, 27, was killed in the shooting.
Shortly before 5:30 a.m., an Amity resident called 911 to report an unknown man inside a home. The caller said the man appeared to be high on drugs or intoxicated. After a few moments, the caller said the man had left the home.
Sgt. Sam Elliott and Deputy Stephanie Sulak from the Yamhill County Sheriff’s Office responded. They found a man matching the description of the suspect at Rice Lane near Jellison Avenue, about three blocks from the home of the 911 caller. That man was Sutton.
During a press conference on Friday, Berry described the confrontation that led to the shooting:
When deputies found Sutton, they were not sure if he had a weapon, Berry said. Sutton had his hands in his pockets and refused to show them when deputies ordered him to. At one point, Sutton told the deputies, “You don’t want to do this today.”
After Sutton was uncooperative, Elliott used a Taser to shock him. Sutton fell to the ground and Elliott attempted to handcuff him. But when the shock wore off, Sutton “leapt to his feet," Berry said.
Sutton then “wrapped up” Elliott and the deputy couldn’t break away, Berry said. Sutton pushed Elliott into a nearby fence and Elliott began struggling to breathe. At that point, Sutton told Sulak not to come closer “or I’ll kill him,” referring to Elliott.
Sulak then drew her gun. At the same time, Elliott, during the struggle, removed his firearm and shot Sutton two or three times, Berry said.
After shooting Sutton, Elliott was able to back away from him. Sutton then lunged toward Elliott, prompting both officers to fire shots at him. He was struck by a total of six bullets, Berry said.
The confrontation lasted less than a minute.
Toxicology results showed Sutton was under the influence of methamphetamine.
It was determined after the shooting that Sutton was not armed with a weapon.
Elliott and Sulak are still on administrative leave, pending an internal review by the Yamhill County Sheriff’s Office. Elliott has worked in law enforcement for 17 years and Sulak has been employed for 15 months, the sheriff's office said.