Officer Justified In Fatal Shooting Of Robbery Suspect: Officials

SILVER SPRING, MD — A Montgomery County police officer was justified in fatally shooting a suspected bank robber in Silver Spring earlier this year, the county's prosecutor's office announced Friday.

Prosecutors published a report of the investigation online, stating that the officer's actions "were justified and reasonable based on the defense of self and the defense of others."

An agreement between the Montgomery County State's Attorney's Office and the Howard County State's Attorney's Office says that when an officer-involved death occurs in one county, the other county's State's Attorney's Office will review the event.

According to investigators, Officer Christopher LaPointe shot and killed the suspected bank robber — later identified as 31-year-old Mikyas Mehary Tegegne — while responding to a call for a robbery-in-progress at a BB&T Bank on January 16. The incident was captured on LaPointe's body camera.

According to police, Tegegne entered the bank located at 110 Wayne Ave., demanded $20,000 in cash, and claimed to have a bomb in his backpack. When the bank manager went to the teller line, as if to retrieve the money, the "panic button" was pressed.

Once Tegegne heard sirens, he fled the BB&T Bank without the money, Jones said. He then slipped into an alley behind the building, near the Silver Spring Metro.

LaPointe was given a description of the robbery suspect and was advised that he was armed with a handgun, the report revealed. The officer — who had been a veteran on the force for two-and-a-half years — observed Tegegne walking south on Dixon Avenue and determined he fit the description given over police dispatch.

According to the report, LaPointe approached Tegegne and immediately told him to stop and show his hands. At the time, the officer spotted a red wire protruding from Tegegne's backpack.

"As Officer LaPointe verbally engaged with Tegegne outside of the BB&T bank, a second Montgomery County Police Officer, also on foot, observed their interaction," the report stated. "Tegegne did not comply with Officer LaPointe's commands and continued walking south on Dixon Avenue. Tegegne, with Officer LaPointe following behind him, reached the entrance to the Bonifant & Dixon parking garage."

Tegegne then turned around to face the trailing officers, stating that he would detonate the explosive device he had in his backpack if they came close to him, investigators said.

When Tegegne reached the end of the parking garage, he fled through a door which led to a vestibule and took off running. Officials said Tegegne then ran through a second door that emptied into an alley.

LaPointe followed Tegegne through both doors and saw him running down a set of steps adjacent to the Buena Vida Mexican Restaurant and removing his backpack.

Officials said Tegegne then ran toward another set of stairs nearby that emptied onto the sidewalk of Ramsey Avenue, directly across the street from the Silver Spring Metro station.

LaPointe, now having an unobstructed view of Tegegne, began to shoot.

"Tegegne was struck in the head by a bullet from Officer LaPointe's service weapon somewhere between clearing the last step of the stairs and the sidewalk on Ramsey Avenue," investigators determined. "Tegegne's momentum carried him just past the sidewalk and he collapsed onto the street of Ramsey Avenue. Officer LaPointe fired two more shots as Tegegne was falling to the ground."

According to the report, LaPointe fired his service weapon a total of five times.

"Tegegne was struck by two bullets — one in the back of the head and one in the left side of the back, the report stated. "Immediately after firing his service weapon, Officer LaPointe shouted to responding police officers to stay away from Tegegne because Tegegne had said he had a bomb."

Shortly after the shooting, LaPointe's body camera captured a conversation he had with another officer, the report stated.

"I couldn't let him get on the Metro with the thing," LaPointe said.

Responding officers then rendered first aid. The report stated that police found a loaded 9 mm Ruger handgun in Tegegne's waistband.

Tegegne was taken to Holy Cross Hospital in Silver Spring, where he was pronounced dead.

The Montgomery County Fire and Explosive Investigations Unit was dispatched to the scene and used a robot to investigate the backpack. The robot found a red extension cord, a roll of Reynolds Aluminum Foil, a yellow safety vest, cell phone chargers, an open pack of cigarettes, and various toiletries, officials said.

The robot did not find an explosive device inside the backpack.

During the investigation, LaPointe was placed on administrative leave, as is standard protocol.

Ultimately, the Howard County prosecutor's office and the Montgomery County prosecutor's office determined that LaPointe's actions were justified. No criminal charges were filed against LaPointe.

SEE ALSO:

• Police Shoot, Kill Armed Bank Robber In Silver Spring: UPDATE
• Armed Robbery Suspect Killed By Police Identified
• Police-Involved Deaths Could See Independent Investigations