Cole County Special Prosecutor Douglas Abele has determined that two police officers should not be charged for fatally shooting a man at a campus parking garage this spring.
The incident occurred April 15 and involved University of Missouri (MU) Police Department Officer Zachary Chinea and Columbia Police Department Officer Timothy Giger. The suspect, Mark Adair, had just been released from prison after serving time for rape. Earlier that day, he had allegedly attempted a robbery and sexual assault.
Chinea knew of these allegations and learned that Adair might be at MU’s Hitt St. garage. When Chinea arrived at the garage, he witnessed the suspect talking with three females who were trying to get into their vehicle.
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“He [Chinea] then exited his vehicle and took a few steps toward the front of his vehicle telling Adair that he needed to speak with him,” the report says. “Before Officer Chinea completed his sentence, Adair had moved quickly around the front of the patrol car and approached Chinea while drawing what appeared to be a large caliber handgun from his right front pants pocket and pointing it directly at Chinea.”
A struggle then ensued between the two, with the suspect trying to take Chinea’s duty weapon and OC spray. Shots were fired.
While this was happening, Giger and his partner, officer Neal Sedgwick, who were both undercover officers, had reached the scene and observed Adair to be on top of Chinea. Believing Chinea was in danger, Giger shot Adair in the back.
Despite this, Adair continued fighting. Giger then shot Adair again in the left eye. After that, Chinea was able to push the suspect off of him and fired more shots into Adair’s chest and abdomen.
During the struggle, Chinea was shot in the hand. Adair was killed.
The entire incident was captured on the video camera worn by Chinea. (Warning: video contains graphic content and may not be suitable for all audiences.)