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State’s Attorney says use of force in officer involved shooting legally justified

Nov 7, 2022 | 6:55 PM

November 7, 2022 – After a standard review, The Macon County State’s Attorney says there was no criminal liability on the part of the officers involved in the deadly shooting on October 12th that left two Decatur Police Officers injured.

State’s Attorney Scott Rueter issued a release stating, “I have reviewed the investigative reports submitted by the Illinois State Police, the reports generated by members of the Decatur Police Department, and most importantly, the first hand evidence of the body worn cameras and squad car videos of the officers at the scene of the shooting. Based on the review of those materials, I am of the opinion that the officer’s use of force in this situation was not in violation of the laws of the State of Illinois and unfortunately a necessary response to the actions of the deceased.”

Decatur Police Officers stopped Jamontey Neal, 32 of Decatur after an informant gave information to DPD that Neal was in possession of a firearm. In body cam and dash footage, Neal was ordered to show his hands multiple times after one of the officers witnessed a gun hidden under Neal’s body. Neal refused to comply and officers attempted to remove him from the car. That’s when Neal reached for a second weapon located in the vehicle and fired the first of multiple rounds at the officers at close range. It was only then that the officers returned fire. The footage then shows Neal exiting the vehicle and continuing to fire at the officers.

During the exchange of gunfire, Sgt. Timothy Wittmer, 15-year veteran of DPD,  was hit multiple times. He was shot through the hand, which required surgery. Officer Austin Bowman, 2-year veteran of DPD, was hit one time in the lower left abdomen. Neal, who was also shot multiple times during the exchange, was transported to DMH, where he was pronounced dead.

The officers involved are part of  “CAT” or Community Action Team, whose purpose is to removed deadly weapons from the streets. Since May 1st, the 8 officers of CAT, along with the street crimes unit, have nearly 80 firearms.

Chief Shane Brandel also issued a statement after Rueter’s report. “In conjunction with the findings and decision of the Macon County State’s Attorney’s Office, and after a careful and thorough internal review of the incident, it is my decision that all three Decatur Police Officers involved in this event were legally justified in their use of deadly force. In addition, it is my position that they were in compliance with DPD policies and procedures throughout this incident. I hope with the closure of this case, we can begin to heal as a community and continue working together to keep our city safe.”