Oakdale police officer Andrew Dickman was legally justified to use deadly force when he returned fire during a standoff earlier this year in Oakdale, according to the Washington County Attorney’s office.
Devione Leeante Malone, 25, was not struck by the round Dickman fired at him on March 11, according to a report released Monday. Dickman fired his department-issued handgun after Malone shot at police while running into a home in Oakdale, according to a memorandum to the Minnesota Bureau of Criminal Apprehension.
Dickman and other officers responded to a 911 call in which the caller said Malone was threatening a woman with a gun. Malone was prohibited from having contact with the woman by a Domestic Abuse No Contact Order; the woman texted a friend that she needed help, and another friend called 911, the memo states.
The woman and her 1-year-old granddaughter were in a vehicle with Malone near some businesses at Bergen Plaza by Hadley Avenue and 10th Street. Four Oakdale squad cars responded to the area and attempted to surround Malone’s car in the parking lot, but Malone sped off and evaded officers before turning south onto Hadley Avenue North.
Officers determined that Malone was likely driving back to the woman’s home in the 100 block of Greystone Avenue, so Dickman and another officer broke off and tried to get ahead of him.
As Malone pulled into the driveway, he got out — without putting his car into park — and fired a shot at Dickman, who was behind him. The bullet hit the squad car’s right front fender and ricocheted into the passenger mirror, according to the memo.
“Dickman then discharged one round from his service weapon toward Malone through the windshield of his squad vehicle,” the memo states. “Malone, who was not struck by the round, ran into the house. The woman then got out of the car, got her grandchild out of the car, and ran to waiting officers.”
All four officers lined up their squad cars in front of the home, using them for cover.
Squad camera footage shows a center window opening from the home. About seven seconds later, Malone fired three more shots from the window at the officers. “One of the rounds struck the windshield of one of the squad cars, just to the right of where an officer was standing,” the memo states.
The Washington County SWAT team responded with an armored vehicle and eventually took Malone into custody after a standoff that lasted several hours. No other people were inside the home. Officers recovered a black .22 caliber handgun and spent shell casings from inside the home.
The standoff took place less than a month after Burnsville police officers Paul Elmstrand and Matthew Ruge and Burnsville firefighter/paramedic Adam Finseth were shot and killed after they responded to a domestic incident and standoff.
Malone was charged with two counts of attempted first-degree murder of a peace officer, four counts of first-degree assault for using deadly force against peace officers and being a prohibited person in possession of a firearm. Those charges remain pending.
“The use of violence — and especially firearms — against police officers is completely unacceptable,” Washington County Attorney Kevin Magnuson said in a statement. “These officers were simply trying to do their jobs and go home to their families at the end of their shifts. Instead, their lives were needlessly placed in grave danger. I am grateful to the work of Officer Dickman and his colleagues for their valor and skill in apprehending the shooter. My office will do everything we can to ensure that justice is done.”