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NEVADA CITY, Calif. April 4, 2017 – Cliff Newell, Nevada County District Attorney, and Sheriff Keith Royal announced today that the joint investigation into the death of Dustin Allen Kirk is complete. DA Newell said charges will not be filed in the death of Mr. Kirk who was fatally shot by Nevada County Sheriff’s Deputies in the early hours of December 27, 2016. DA Newell characterized the shooting as a justifiable homicide. Additionally, Sheriff Royal’s office conducted an internal investigation and found that the deputies involved in the incident acted within office policy.
On December 27, 2016, at approximately 3:15 a.m. Sheriff’s dispatch received a 911 call from the decedent’s sister that there had been an assault on her mother by her adult brother. The reporting party called for assistance because her brother had been drinking alcohol, possibly had a gun, and made suicidal statements. Two Nevada County Sheriff’s Deputies arrived in separate patrol vehicles at the residence at 3:30 a.m. They parked their patrol vehicles at the end of the driveway and approached the house on foot. It had been reported that Dustin Kirk would be in the “granny unit” at the end of the driveway. The Deputies stationed themselves on either side of the entrance to the structure and knocked on the door.
As one of the deputies was announcing their presence the door burst open and a man exited with an automatic rifle held up to his shoulder in the firing position. The man rotated towards one of the deputies in a “shooting stance” and both Deputies opened fire on him. Mr. Kirk suffered multiple gunshot wounds and was pronounced dead at the scene by medical personal. Subsequent investigation revealed the weapon was real but inoperable.
Both Newell and Royal describe incident as a tragic event for the family and all involved.