Prosecutor deems Lorain police officer’s use of force in shooting of robbery suspect as justified

Prosecutor Tomlinson has concluded that the shooting of Terry by the Lorain police officer was justified and did not involve excessive or unreasonable force. In a detailed seven-page report, Tomlinson highlighted that Officer Taylor initially tried to apprehend Terry using non-lethal methods.

Tomlinson further explained that Officer Taylor resorted to the use of lethal force only when it became clear that Terry was going to use deadly force to evade arrest. This decision was made after thorough consideration of the circumstances surrounding the incident.

Lorain police say it was around 12:05 a.m. on Oct. 7 when officers responded to a call of a male allegedly breaking into a vehicle. The caller observed that the suspect, identified as Terry, was holding what looked to be a gun but was unsure.

Upon arriving at the scene. police spoke with a woman, who was later charged in connection with the incident. Officers asked the woman, later identified as 28-year-old Sienna Plaza, if she saw anyone breaking into cars. She then misled police, referring them to houses east of the caller’s residence.

“When officers arrived on scene, they made contact with the male in the driveway of the residence, at which time he fled on foot between two houses. Officers observed the male suspect in possession of a firearm,” Lorain police officials would later state.

In Tomlinson’s report, he said that Terry ignored officers’ commands to stop and surrender. Terry was threatened by Taylor that if he did not comply, he would be tased.

“When Terry ignored the order to stop after being warned, Officer Taylor deployed his taser. The attempt to tase Terry failed,” Tomlinson wrote.

“Shortly after his attempt to stop Terry by tasing him, however, Patrolman Taylor noticed that Terry was holding a firearm in his right hand as he ran from the officers. After Terry ignored the officer’s commands to drop the weapon and surrender, he then turned toward the officers with his weapon raised,” Tomlinson added. “Patrolman Taylor responded, firing five rounds at Terry. Terry was struck by four of the rounds, knocking him to the ground, disabling and disarming him.”

Police say they administered first aid to Terry before he was taken to Mercy Health Lorain Hospital, where he would eventually recover from his injuries. 

Ten days after the shooting on Oct. 17, police officials held a briefing with an update on the case. Lorain Police Chief Jim McCann said he requested that the Elyria Police Department lead the investigation into the shooting. 

Officials stated that Terry has a lengthy history of criminal activity in Lorain County. The 26-year-old man has been involved in five separate cases since 2016: three drug investigations, one weapons violation and one theft case. Additionally, McCann noted that Terry had just completed a one-year probation period on Oct. 6. 

“At the time Terry was shot by Officer Taylor, Terry, while armed, was escaping the scene of an aggravated robbery. He had repeatedly ignored officers’ orders to stop and surrender, and he was attempting to make his escape while raising his gun at the police. Had Officer Taylor not shot Terry when he did, his safety and the safety of the other officers on scene would have been seriously compromised. In doing so, Taylor acted according to his training,” Tomlinson concluded. 

“Taylor employed the use of less than lethal force in attempting to effect the arrest of Dustin Lee Terry, to no avail. These included commands to stop and surrender, and finally, the use of a taser. Terry was not persuaded. Only after these less lethal means failed, did Officer Taylor deploy his service weapon, and then only to protect his own life and the lives of the other officers.”

Lorain County court records show that Terry was indicted on Nov. 27 on charges of aggravated robbery, robbery and breaking and entering. All of the charges carry firearm specifications. He has a pretrial hearing set for Jan. 13, with his trial slated to begin in July. 

Court dockets do not reveal any updates on Plaza, who later confessed to Elyria police that she transported Terry to the scene and provided him with the firearm. She was charged with complicity to aggravated robbery.