The actions of three Fargo police officers involved in a fatal shooting last month were reasonable and justified, according to North Dakota Attorney General Drew Wrigley.
Twenty-eight-year-old Shane Netterville of Jamestown was shot by officer Adam O’Brien when he drove a stolen van in O’Brien’s direction.
Wrigley said that on July 8th, Police got a report of three people possibly deceased in a van in the garage of an apartment building. Netterville and two others were inside.
Police saw a bullet hole in the van’s windshield, but did not know if the occupants were armed.
Wrigley said officers told Netterville “don’t move” and “show your hands.” But Nettervillle eventually drove the van toward O’Brien, who shot him.
“Officer Adam O’Brien made a split-second decision to protect life and limb,” Wrigley said. “That was a reasonable and appropriate decision under these circumstances.”
Wrigley said the situation could have ended without incident.
“Compliance with those officers…would have immediately de-escalated the circumstances, but instead, there was the opposite,” Wrigley said. “Shane Netterville continued to escalate beyond. I said at one point that when the car went from just obstructing officers’ views, to now being turned on, now it’s prepared to be dangerous.”
After O’Brien shot Netterville, the van traveled several hundred feet and crashed. The two passengers fled, but were apprehended.
Wrigley said Police immediately gave Netterville first aid, but he later died at a hospital.
Police video of the incident was shown at a news conference today (Mon).
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(Fargo Police Dept. release: )
On Monday, August 29, The Fargo Police Department (FPD) and the North Dakota Attorney General’s Office held a joint news conference to discuss the findings of the criminal investigation into the fatal officer-involved shooting that occurred on Friday, July 8, 2022, which resulted in the death of 28-year-old Shane Netterville. Per FPD department policy, Officer Adam O’Brien, an 11-year veteran with the FPD, was placed on paid administrative duty throughout the course of the North Dakota Bureau of Criminal Investigation’s (NDBCI) investigation.
Attorney General Drew Wrigley, joined by Deputy Attorney General Claire Ness and FPD Chief David Zibolski, announced that the use of force was reasonable and justified under the circumstances in this case and prevented the death or great bodily harm to FPD Officer O’Brien and fellow officers. Criminal charges will not be filed as the investigation found that Officer O’Brien’s action were justified by law.
Prior to the joint news conference, Attorney General Wrigley, Deputy Attorney General Ness, FPD Police Chief Zibolski, Assistant Chief Travis Stefonowicz, Fargo Mayor Dr. Tim Mahoney and Interim City Administrator Michael Redlinger met privately with the Netterville family to review Attorney General Wrigley’s decision and view body-worn and dashboard camera footage from the critical incident.
The FPD will now complete an administrative review of the critical incident, looking for training and/or substantive policy issues related to the use of force and to address them accordingly. Results from that review and in-depth discussion of the criminal investigation into this critical incident will be discussed at the next Police Advisory and Oversight Board (PAOB) meeting at 5 p.m. on Thursday, September 8 in the Commission Chambers at 225 4th Street North. An in-depth analysis of this incident utilizing the context of the officers’ observations and statements in concert with the same footage will be shown.
Redacted squad car and body-worn camera footage provided by the Attorney General’s Office from the critical incident were shown at the joint news conference and is now available to view online at https://bit.ly/3dUAmwa. Viewer discretion is advised as the videos contain sensitive subject matter including profanity and the use of firearms. Viewers are also strongly encouraged to attend the PAOB meeting in-person or virtually to understand the full context of the footage.
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