Posted at: 01/30/2013 10:59 AM
Updated at: 01/30/2013 12:28 PM
By: Christine VanTimmeren
A Rochester man, shot by police during an eviction, is in satisfactory condition at Strong Memorial Hospital and two police officers are on administrative leave.
The chief said a city marshal and those two officers were called to the VOA housing facility for the eviction of 45-year-old Timothy Powell. But Powell became so angry during the eviction that he grabbed a knife and wrestled with both of the officers. After the officers got free, the situation escalated even more and they were sprayed with bleach.
Chief Sheppard told News10NBC Officers Antonio Gonzalez and James Ott both tried a number of times to calm Powell down but he refused. After being attacked with the knife, both officers attempted to calm him down again from outside the apartment door but that's when the chief says Powell grabbed the bleach container and sprayed the officers.
One of those officers did attempt to use his taser at that point but he missed Powell. That’s when both officers decided to simultaneously fire their guns at Powell. Powell was hit once in the hip.
News10NBC asked the chief about whether the use of deadly force in the case was warranted. Chief Sheppard said, “Based on our preliminary review we believe that their response and use of deadly physical force was consistent with their training. The investigation will be submitted to the grand jury and they'll make a determination in terms of justification.”
The chief says Officers Gonzalez and Ott will most likely have to be seen by an eye specialist because the bleach did get in their eyes.
Both officers did fire their gun once, only one of those bullets hit Powell.
It is unclear what charges Powell will be facing.