Lincoln Co. DA justifies use of force in January incident near Lincoln City

The investigation involving, Dale Edward Wallace, age 30, the fugitive wanted out of Montana who was injured January 3, 2014, during an encounter with law enforcement in Lincoln City, is complete. Wallace was released to Montana officials to face pending criminal charges of robbery.

The Lincoln County District Attorney’s office has received final reports from several agencies regarding the manner in which Dale Edward Wallace was taken into custody. Newport Police Department took the lead investigator’s role when the Lincoln County Major Crime Team was activated following Wallace’s apprehension.

Prior to the encounter with law enforcement in Lincoln City, it was reported that Wallace was suicidal. He made several suicidal comments on social media sites. Officials had been informed that in Montana, Wallace had robbed a coin shop owner at gun point and had stolen several firearms and ammunition during the robbery. Wallace and his companion were located near the Lincoln City community center during after school hours. Throughout the encounter WALLACE was armed and ordered to stop moving by law enforcement. Instead of laying down his weapon, Wallace aimed a gun in the direction of Sheriff’s Deputy Rene Lopez. Oregon State Trooper Adam Kowing then struck Wallace with his vehicle. WALLACE sustained injuries but was treated and released at Oregon Health & Science University and is expected to make a full recovery.

A separate and mandatory investigation into the use of deadly force by the OSP trooper has been conducted, with the assistance of the Newport Police Department and the members of the Major Crime team. This information has been forwarded to the Lincoln County District Attorney’s Office for review. The District Attorney’s office has completed its review of Trooper Kowing’s use of deadly force. Based on the information known to the Trooper at the time of the “use of deadly force”, the District Attorney’s office believes Kowing’s use of force was justified. Kowing’s actions stopped the threat of a suicidal gunman, who was taking aim at a police officer near a community center. Neither Kowing nor any other officer present discharged their firearm or used other lethal force. Kowing’s quick and decisive actions resulted in Wallace surviving this volatile event but more importantly, it prevented Wallace from harming members of the public or law enforcement.

While the District Attorney’s Office is still contemplating criminal action against Wallace, at this time the District Attorney’s office is closing this use of deadly force investigation. The District Attorney’s office finds that Trooper Kowing’s use of force was justified.

Trooper Kowing will resume normal patrol duties in the very near future.