Although not legally required to, officer Vincent ordered Fairbourn to drop the knife more than once and gave Fairbourn time to to comply with officer Vincent's lawful commands. —District Attorney Sim Gill

WEST VALLEY CITY — The Salt Lake County District Attorney's Office determined Thursday that an officer-involved shooting in December was legally justified.

On Dec. 15, Oston Shiloh Fairbourn, 24, was acting strange and walking into traffic at the intersection of 3200 West and 3500 South. When West Valley police officer Jason Vincent got out of his car to talk to the man, Fairbourn immediately pulled out a knife with a 7-inch blade and told the officer he was going to die, according to District Attorney Sim Gill's report.

Vincent pulled out his gun and ordered Fairbourn more than once to drop the knife, the report states. Many witnesses told investigators that Fairbourn was only a few feet away from the officer when he pulled a knife on him.

Based on how close Fairbourn was to the officer and his threats, Vincent could have fired earlier, Gill found in his report.

"Although not legally required to, officer Vincent ordered Fairbourn to drop the knife more than once and gave Fairbourn time to to comply with officer Vincent's lawful commands," Gill wrote.

From the time Fairbourn pulled a knife on the officer until the time Vincent fired three shots, striking Fairbourn in the chest and abdomen, 30 seconds had elapsed, according to the report.

Fairbourn continued to resist arrest even after being shot and had to be strapped to a medical gurney. He was later charged in 3rd District Court with attempted murder, a first-degree felony, and assault on a police officer, a second-degree felony.

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