Press Release
FOR IMMEDIATE RELEASE
Date: 08/26/05

Contact person(s):

Media Coordinator, Donna Edwards - (707) 565-3099 Media Spokesperson, Assistant District Attorney Larry Scoufos

Santa Rosa, Sonoma County, California

OFFICERS WERE JUSTIFIED IN THE
SHOOTING DEATH OF SUSPECT

District Attorney Stephan Passalacqua announced today that Deputy Sheriff Henri Boustany and CHP Officer John Daly acted within the law when they discharged their firearms at Mr. Peay on September 17, 2004. This conclusion follows a thorough investigation into the tragic shooting death of Joseph Alan Peay.

Mr. Peay was pursued by law enforcement officers after he drove his vehicle through a Lake County sobriety check point. The pursuit was joined by several agencies when Peay continued to drive through Napa and Sonoma counties. Once the tires on his vehicle were disabled from spike strips, Mr. Peay ran from his vehicle and into a field in the Geyserville area. The officers repeatedly ordered Mr. Peay to show his hands.

When he turned toward the officers, he could be seen to be armed with a revolver. He did not comply with the officers’ orders to drop the gun. Peay then raised the muzzle of the revolver and placed it near his mouth. The hammer of the revolver could be seen in the ready-to-fire position. The officers, believing the time to react to an assault with a firearm by Peay was immediate and fearing for their safety and the safety of others, discharged their firearms. Additional ammunition was located in a search of Mr. Peay’s vehicle.

Autopsy findings by Dr. Arnold Josselson concluded that there were two fatal gunshot wounds, one to the abdomen and one to the chest. The toxicology results established that Mr. Peay’s blood alcohol level to be .23%, nearly three times the legal limit for driving under the influence.

The Santa Rosa Police Department and the Petaluma Police Department conducted the investigation pursuant to the Sonoma County Chief’s Association critical incident protocol.