Prosecutor: Boise Police Officer Cleared in January 23, 2023, Critical Incident

March 1, 2024

The Blaine County Prosecuting Attorney Matthew Fredback determined that the actions of Boise Police Officer K. Paporello, who shot Eli Nash on January 23, 2023, were justified under the law.

The prosecutor reviewed multiple officers’ on-body video as well as the complete investigation conducted by the Ada County Critical Incident Task Force led by the Garden City Police Department.

Before the shooting on January 23, 2023, Nash was on parole after his release from prison following a conviction of two counts of Sexual Exploitation of a Child by Electronic Means. Nash had failed to register as a sex offender and officers were investigating an additional sexual assault allegation against Nash. On January 23, 2023, officers formulated a plan to arrest Nash in partnership with Fugitive Recovery Agents from the Idaho Department of Corrections.  Upon locating Nash in a car in a parking lot near 3801 E. Fairview Ave, in Meridian, officers moved in to arrest him. They used police vehicles to block Nash’s car in to prevent him from escaping.  Officers approached the vehicle and identified themselves, giving commands for Nash to put his hands up. Nash did not comply and instead jumped into the back seat where the windows were covered with blankets. Paporello could see Nash through the rear windshield and saw that he was holding a gun and pointing it toward the rear driver's side door in the direction of other officers. Paporello fired four rounds at Nash through the rear windshield. Despite life-saving efforts by law enforcement, Nash was declared deceased on scene. The firearm was later identified as a 9mm CZ-75 handgun.

“Once Paporello observed that Nash possessed a firearm, he was justified, given the totality of the circumstances, in believing that Nash presented an imminent and deadly threat to law enforcement. Paporello was aware that Nash had absconded parole, was under investigation for new sex offenses, and was in violation of his obligation to register as a sex offender. Further, Paporello was aware that Nash had ample opportunities to comply with police commands and surrender, but instead he hid, armed himself, and surreptitiously pointed the gun at law enforcement.

In conclusion, after reviewing the evidence in this case, Officer Kip Paporello acted reasonably in using deadly force due to the threat of death or serious physical injury to the officers and/or the public. Therefore, I have concluded that the shooting of Eli Nash by Officer Paporello was lawful and justified under the circumstances,“ said Blaine County Prosecuting Attorney Matthew Fredback.

The full detailed description of the event and the complete letter from the Prosecuting Attorney is included here.

“Searching for, locating, and arresting non-compliant criminals is dangerous work and we appreciate the partnership we have with Idaho Department of Corrections Probation and Parole Officers. Our officers believe in protecting the public and saving lives, and we train to that mission.  The use of deadly force is always viewed as a last resort and something we never take lightly.  This incident is a reminder that there are those in our community who will resort to violence to avoid apprehension when engaged in criminal conduct, and we must be ever vigilant.  The end result of this incident, a person losing his life, is extremely unfortunate, and not the outcome we were seeking.  I am grateful no officers or members of the public were physically injured, and that those officers and agents involved have been cleared by the Blaine County Prosecutor’s thorough review of the incident,” said Ron Winegar, Chief of Police.

The public report from the Critical Incident Task Force investigation will be available here next week under the date January 23, 2023, after final redactions have been made.

A video report, with on-body camera video, is available Additional video not in a produced format is also available upon request free of charge through BPD’s public records request process.

As with all critical incidents, the Boise Police Department conducts an administrative investigation into this incident.  The City of Boise Office of Police Accountability also reviews all critical incidents.

Contact: Boise Police Media Relations

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