BAKER CITY — Baker County District Attorney Greg Baxter said Wednesday, Jan. 10, that two Baker City police officers were justified when they shot and wounded a Boise man during a traffic stop early on Jan. 2 in which the man brandished a pellet gun and fired a pellet, hitting one of the officers.

Officers Mason Powell and Mark Powell will not face criminal charges, Baxter said in a press release. The Powells are not related.

The officers both shot Justin Douglass Burkeen, 30, during the incident around 2 a.m. on Jan. 2 at Church and Clark streets. Both officers have been on paid leave, per police department protocol, since the shooting.

Mason Powell has worked for the Baker City Police Department for two years. Prior to joining the department he worked as a reserve with the Jefferson County Sheriff’s Office in Central Oregon.

Mark Powell started with the Baker City police as code enforcement officer in 2014. He was hired as a patrol officer in 2018.

Baxter convened a grand jury on Thursday, Jan. 11, to consider possible criminal charges against Burkeen.

The full text of Baxter’s press release:

“On January 2, 2024, the officers conducted a traffic stop on a vehicle in which Justin D. Burkeen, 30, of Boise, Idaho, was riding as a passenger. The officers noted that Burkeen had what appeared to be a firearm on his lap. Burkeen stated that the gun was not real. He then appeared to put the gun between his legs. During the traffic stop, the officers recognized Burkeen from an incident several weeks prior. Burkeen was uncooperative with their questions. The officers eventually asked Burkeen to get out of the vehicle. Burkeen then grabbed the gun from between his legs and quickly pointed the gun at Officer Mark Powell, as he opened the door. Burkeen fired what turned out to be a pellet at Officer Mark Powell. Both officers responded by firing their weapons at Burkeen. Burkeen continued to be uncooperative before he was taken into custody and transported to St. Alphonsus Medical Center. He is currently being treated at a Boise area hospital for gunshot wounds.

“District Attorney Baxter made this determination based off of witness statements, the statements of the officers, evidence collected at the scene, and the officer’s body cameras.

“Baxter stated: ‘There have been many rumors about this incident within our community. It is important that the public have the trust of our law enforcement members, and that they know that these two officers acted appropriately during this tragic incident.’ ”

In an interview Wednesday afternoon, Baxter said he is also looking into possible charges against Burkeen stemming from another incident in late November in Baker City, in which Burkeen allegedly fled from police.

That was the incident Baxter referred to in his press release — the incident from which one of the officers recognized Burkeen.

Baxter said that during the Jan. 2 incident, Mason Powell stopped the car in which Burkeen was a passenger, and Mark Powell arrived soon after.

Baxter said the pellet from Burkeen’s gun hit Mark Powell. Baxter declined to say whether Powell was injured.

Baxter declined to discuss other details, including how many times the two officers fired, and how many times Burkeen was hit.

Baxter also said he will not release copies of the officers’ body cam footage while the criminal investigation is ongoing.

Baker City Police Chief Ty Duby said Wednesday that he is “pleased to find out today that Baker County District Attorney Greg Baxter has ruled that our two officers who were involved in an officer related shooting on January 2nd actaed in accordance with the law and their use of force was justified.”

“The Baker City Police Department prides itself on providing professional police services and promoting the safety and welfare of our citizens and visitors,” Duby said. “I believe in building trust between police and our community and that is done through transparency and accountability. This incident was investigated by the Major Crimes Team comprising of the Oregon State Police, the Baker County Sheriff’s Office, and the Baker City Police Department. It was a professional, thorough investigation that led to this decision by the District Attorney.”

Duby said Baker City Police have been wearing body cameras for about a decade, and the department recently upgraded to new cameras that capture clearer video.

“In these times of social media, police encounters with the public get second-guessed and judged by social media armchair experts,” Duby said. “It is extremely important to hold comments and judgment on these events until a complete and thorough investigation has been completed by trained investigators. It is important to point out that in the United States there are about 600,000 to 700,000 police officers and those officers have about 375 million contacts a year with citizens. Out of those 375 million contacts about 1,000 encounters end up in police shootings. This statistic has held fairly steady since 2015.

“The best predictor of police behavior is civilian behavior,” Duby said. “When police officers encounter armed, violent and resisting suspects, officers must take actions to defend themselves and the public. That was the case in this event, and I am extremely proud of how our police officers reacted as trained. These officers showed restraint, professionalism, and compassion throughout the event.”