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Deputy shooting ruled within law by prosecutor

DANVILLE – The actions of a Vermilion County deputy who shot a man during an domestic call last year have been deemed legal.

Caleb Emory, 21, suffered a gunshot wound from a deputy during a call in the early morning hours of Nov. 21 at 2530 Georgetown Road. The name of the deputy has not be released.

On Monday, Vermilion County State’s Attorney Randy Brinegar issued a statement indicating the deputy “acted properly and within the boundaries of the law.”

Brinegar said, in looking at the details of the incident, he had to consider the split-second judgement the deputy has to make without the benefit of hindsight.

“It always is difficult and also a serious moment when an office discharges his or her weapon,” he said “I do have to look at it carefully.”

In his statement, Brinegar noted the U.S. Supreme Court ruling that dictates considering the officers point of view at the time and any potential dangers the officer may have believed he faced when he discharged the weapon.

“In this case, the officer acted by using the necessary level of force to resolve a dangerous situation,” Brinegar said in his release.

Illinois State Police, which investigated the shooting, said at the time incident took place after the deputy was called at 4:13 a.m. to 2530 Georgetown Road to handle a report of a domestic disturbance. While at the call, state police indicate the deputy encountered Emory. During what state police called “attempted enforcement action,” Emory was shot by the deputy.

No other details have been released with regard to the shooting incident. On Monday, Brinegar said he would not release any additional details regarding the case until the charges filed against Emory had been resolved.

He noted releasing additional information could jeopardize the prosecution of the case again Emory.

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