January 24, 2012
DURANGO – U.S. Attorney John Walsh this afternoon released a letter discussing his review of the Federal Bureau of Investigation’s (FBI) findings in the law enforcement shooting death of Spencer Posey, an enrolled member of the Ute Mountain Ute Indian Tribe. The evidence established that the Bureau of Indian Affairs (BIA) officer fired a single shot in self-defense when Posey yelled that he would kill the officer, and charged him, wielding a hatchet. Posey ultimately died as a result of the gun-shot wound. Based on a review of the FBI’s investigation, including a review of the facts, applicable law, and forensic evidence, U.S. Attorney John Walsh concluded that no criminal charges may properly be filed against the BIA officer.
The conclusion of the U.S. Attorney’s review of the shooting is outlined in a letter, attached, which was written to Gary Hayes, Chairman of the Ute Mountain Ute Tribal Council.