Officers cleared in fatal shooting

Keith Paul

Monday, March 6, 2000 | 11:21 a.m.

A Clark County coroner's inquest jury took just 30 minutes to rule Friday afternoon that two Metro Police officers were justified in last month's fatal shooting of 23-year-old John Charles O'Banion.

Officers Zachary Huffine, 23, and Shane Witham, 31, fired several shots and killed O'Banion as he tried to fire a gun at other officers in the driveway of a house on Aberdeen Lane near Torrey Pines Drive and Washington Avenue at about 9:40 p.m. Feb. 5.

O'Banion apparently didn't know how to turn the 9 mm handgun's safety off. He repeatedly tried to fire at officers, but he was never able to get a shot off, according to testimony.

Witnesses said O'Banion rose from his hiding place behind a car with a gun in his hand and aimed at officers who had been chasing him.

Huffine and Witham, who were on a nearby roof, saw O'Banion and fired at him.

The events that set in motion O'Banion's death began just 12 minutes before he was killed. Police said a blue Ford Mustang without license plates ran a traffic signal light at Michael Way and Vegas Drive, and the driver refused to stop when a patrol officer told him to do so.

Police later determined that the Mustang was stolen and O'Banion was wanted on several outstanding misdemeanor warrants.

A chase began at about 9:30 p.m., and during the pursuit, the Mustang was being driven erratically and at times on the wrong side of the street, police said.

Near Alexander Road and Buffalo Drive one of Metro's helicopters picked up the pursuit that ended minutes later in the front yard of a home on the southeast corner of Talmage Street and Dinning Avenue near Torrey Pines and U.S. 95.

O'Banion ran from his car north across Dinning and kicked open the front door of house and ran through it.

O'Banion was a three-time convicted felon for burglary, auto burglary and possession of a stolen vehicle, police said.