By Hannah Drown
cleveland.com
LORAIN, Ohio — The Lorain County Prosecutor’s Office has concluded that the Lorain police officers who were ambushed by a gunman in July acted lawfully when they returned fire, killing their assailant.
The prosecutor issued a “Do Not Present” letter that ends the possibility of criminal charges or a grand jury review related to the officers’ actions.
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In a statement released Friday, prosecutors said they completed an independent review of the Elyria Police Department’s investigation into the incident that led to the death of Officer Phillip Wagner and the shootings of Officers Brent Payne and Peter Gale. The review found that the officers’ actions during the incident were appropriate under the circumstances.
The shooting occurred July 23 near River Bend Drive and the Colorado Avenue Industrial Park. Investigators identified the gunman as Michael Parker, 28, of Lorain, who acted alone during the encounter. Wagner later died from his injuries. Payne and Gale survived.
According to a redacted version of the investigative report released by the prosecutor’s office, officers came under gunfire and returned fire during a fast-moving encounter that unfolded across multiple locations along River Bend Drive. Evidence documented extensive gunfire, and investigators determined the situation involved an active and ongoing threat rather than a single, contained exchange.
The report shows that officers secured the scene once the shooting ended and requested specialized assistance, including bomb squad resources, before investigators began processing evidence. Body-worn camera footage, dash-camera video, ballistics evidence and scene reconstruction were all part of the record reviewed by prosecutors.
Prosecutors said their decision was based on a full review of that evidence, which was gathered by Elyria police at the request of the Lorain Police Department, with assistance from state and federal agencies.
“The actions taken by law enforcement during this critical incident were lawful and appropriate,” Prosecutor Tony Cillo said in the statement. “Our hearts remain with the families of Officer Wagner, Officers Payne and Gale, and the entire Lorain Police Department as they continue to heal from this devastating event.”
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