ARNOLD, Calif. - A Calaveras County sheriff's corporal was justified in shooting and killing a suspect in March, said Calaveras County District Attorney Barbara Yook after an investigation into the shooting was completed.
On the morning of March 15, Corpl. Tom Oldham responded to reports of a man firing shots and threatening a truck driver in the Blue Lake Springs neighborhood. When Oldham arrived on scene, near Dawyn Drive and Moran Road, he found Kevin Duey, in a drainage ditch in front of a home, screaming and trying to scramble up the embankment, Calaveras County Sheriff's Sgt. Chris Hewitt said.
Oldham ordered Duey to stop multiple times. Instead, Duey turned, pointing his Glock .40 caliber handgun at Oldham. According to Hewitt, Oldham, standing to the right of Duey, feared for his and the neighborhood's safety, so he shot at Duey.
Duey was pronounced dead at the scene by medics.
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According to autopsy results, the bullet hit Duey in the upper right side of his back, traveled diagonally through the body and exited through the upper left side of his chest; this indicates that Duey did point a gun at the corporal. The results also showed that Duey was under the influence of meth.
Hewitt said witness statements corroborated that Duey pointed a gun at Oldham.
After Yook reviewed the incident and the reports, she said Oldham was justified in shooting Duey and did not break any laws.