Nicole McKay, Office of Police Accountability Director, has issued a use of force investigative report on a critical incident that occurred in June 2023. Critical incidents include officer involved incidents that result in serious injury or death as a result of an officer’s use of force.
The report posted today includes OPA’s independent review of an incident from June 24, 2023, where BPD officers working downtown in Boise observed two men thought to be affiliated with a gang. Officers ran the car’s license plate and other records checks and found that the car was registered to the driver, Mario Garza.
After Garza and a second man, later identified as Payton Wasson, walked away from the car, officers looked through the window and saw a handgun in plain view. Garza, on felony parole, was legally prohibited from possessing firearms. When the men returned to the car, officers saw Wasson take an object from the floorboard and place it in his waistband. Officers contacted the men as they walked away from the car, believing Wasson was in possession of the gun. Wasson refused to comply with commands and ran from officers toward the crowded downtown area. As officers chased him, Wasson pulled the gun from his waistband and pointed it at Officer Chance Feldner. Officer Feldner fired his duty handgun 4 times at Wasson, striking him once in the head. Wasson later died at the hospital as a result of his injury.
The Gooding County Prosecuting Attorney reviewed the CITF investigation and determined that Officer Feldner’s actions were justified under Idaho law.
OPA’s reports are posted on the city’s website.