SPIRIT LAKE, Idaho — Kootenai County Prosecutor Stanley Mortensen shared a statement on Thursday explaining the lack of timely public information related to the shooting death of 67-year-old S.A. Floyd in November.
On Nov. 1, 2023, Spirit Lake Police Department officer James Windrem shot and killed Floyd.
In Mortensen's letter, he pointed to the need to protect the integrity of his investigation.
In February, Mortenson's office released a report saying they would not press charges against Windrem, nor against Spirit Lake Police Department Chief Michael Morlan, who was involved in the incident.
During a press conference, the police department shared body camera video that appears to show Floyd shoot at officers first.
During that press conference, Spirit Lake Police Department Chief Michael Morlan expressed some confusion as to why the prosecutor's office instructed them to not share even the most basic information about the case, like who fired first.
In his release, Mortensen argued that even that information could jeopardize the investigation.
Mortensen noted that he, lake all lawyers in Idaho, is obligated to follow the Idaho Rules of Profession Conduct. One of those rules prohibits him from making extrajudicial statements that could influence a criminal case. Another mandates that he try to prevent law enforcement agencies from making any such statements.
"In an officer-involved shooting, even a simple statement that 'the officer returned fire after being shot at first' paints the picture that the officer was acting in self-defense and was therefore legally justified," the release stated.
The investigation was primarily conducted by the Kootenai County Sherriff's Office, until the prosecuting office took the case.
Mortensen asked both of these agencies to adhere to an ethical standard and not release information regarding the incident until sufficient evidence and information was gathered to which they adhered to the request.
He said he appreciates that the agencies adherence to the request saying that making statements before sufficient information and evidence is found can compromise the investigation and deprive the state of the ability to have an impartial jury if needed.
The release also detailed some new information from the investigation, including that the autopsy turned up nine gunshot wounds on SA Floyd's body.
Mortensen said placement and timing of the wounds helped lend credence to Windrem's account of the event, which is that he stopped firing when he could no longer see Floyd's revolver pointing at him.
He again noted he asked the Shoshone County Sheriff's Office to look into the officers' actions, something that was mentioned in the Spirit Lake Police Department press conference earlier in February.
According to Spirit Lake Police Department Lieutenant Erick Reade, the Shoshone County Sheriff's Office completed that administrative investigation, and found no violations of department policies.
