(Lander, WY) – Fremont County Prosecuting Attorney Patrick LeBrun has released a statement regarding a June 25th incident, that resulted in the serious injury of a Wyoming Highway Patrol trooper, and the death of 24-year-old David Fann.
At the time of the event, which occurred on Sinks Canyon Road, all that was known was that a “Trooper conducted a traffic stop and moments into the stop the Trooper and suspect exchanged gunfire. The Trooper was injured and the suspect is deceased.”
The full release is below.
“An Officer Involved Shooting occurred June 25, 2021 in Fremont County, Wyoming involving a Wyoming Highway Patrol trooper.
“As is standard protocol, the Wyoming Division of Criminal Investigation (DCI) was employed to investigate the matter. This included investigating, collecting and reviewing evidence, conducting interviews and applying specialized training in understanding and breaking down the incident.
“D.C.I. then provided its completed investigation to the Fremont County Attorney’s Office for review. The County Attorney’s Office has reviewed the case, applied the law to its analysis and reached the following conclusions:
“On June 25, 2021, at approximately 3:20 p.m., a Wyoming Highway Patrol trooper initiated a stop of a passenger vehicle for speeding on Sinks Canyon Road near Lander, Wyoming.
“The traffic stop, the events leading up to the stop and subsequent events, including both men firing their weapons is observable in large part from the trooper’s dash camera. There is no sound because the trooper’s microphone was not operable at the time of this incident. The trooper had reported the malfunction more than an hour prior to this incident.
“The driver of the vehicle, later determined to be David Fann, age 24, attempted to elude the trooper, reaching speeds in excess of 100 mph. Prior to entering Lander city limits, Mr. Fann pulled the vehicle into a private residence driveway and remained in the vehicle appearing to await the trooper’s contact. There was a female passenger inside the vehicle as well.
“Owing to the nature of the high speeds and Mr. Fann’s attempted evasion, the trooper approached the driver’s side of Mr. Fann’s vehicle with obvious caution. He gave verbal commands to Mr. Fann as he approached the vehicle. Mr. Fann exited the vehicle on direction from the trooper.
“Mr. Fann was armed with a .9mm semi-automatic pistol in an open carry position on his right hip.
“The trooper instructed Mr. Fann to place his hands on the roof of the vehicle with his back to the trooper.
“Mr. Fann lifted his hands from the vehicle and removed his sunglasses from his face and placed his hands back on the roof of the vehicle.
“The trooper reached for his handcuffs, however Mr. Fann did not cooperate and a struggle ensued.
“During this time, Mr. Fann said that he was going to shoot the trooper in the face.
“Mr. Fann was able to retrieve his .9mm semi-automatic from his hip.
“The trooper had hold of Mr. Fann in a bear hug position from behind while he struggled to prevent Fann from shooting him.
“The trooper was unable to reach his weapon because his hands were occupied fighting to prevent Fann from using his .9mm.
“Fann attempted at least three times during the struggle to point the gun at the trooper’s face – and the weapon is actually observed pointing directly at the trooper’s face for split seconds while the trooper is depicted ducking his face out of the way of the barrel.
“These events are occurring, in the footage, while the trooper holds Mr. Fann from behind, and while Mr. Fann is attempting to point the banel of his gun over his left shoulder toward the trooper.
“The struggle lasted for approximately 15 seconds; while the two men spun around three times, while the trooper struggled to maintain his position behind Fann, and while Fann continued fighting to point his gun back toward the trooper’s face.
“At that time, Fann ceased his efforts to shoot the trooper in the face and lowered the gun below his left hip, pointing it rearward in an apparent attempt to gain advantage by shooting the trooper in the lower half of his body. In his haste, however, Fann shot himself in the left thigh.
“The bullet passed through Fann’s thigh and entered the trooper’s leg. This caused the men to separate and allowed the trooper the opportunity to push Mr. Fann away from him.
“Having freedom of movement, the trooper quickly drew his service weapon and fired three times in approximately 1.5 seconds.
“Experiencing significant blood loss, he then radioed for assistance and continued to hold the passenger and Mr. Fann at gunpoint until help arrived several minutes later.
“During this time, the trooper is also observed simultaneously attempting unsuccessfully to tie a tourniquet around his leg.
“Fann was hit by each of the three rounds fired by the trooper.
“As quickly as it was safe to do soo law enforcement and other emergency personnel attempted life-saving measures on Mr. Fann, which ultimately were not successful.
“It is likely the exact reasons for Mr. Fann’s behavior that day will never be known for certain. Mr. Fann was not known to be a violent person. This level of violence was certainly outside his previously known character. Mr. Fann was suffering from significant life stressors that day and he had significant alcohol, marijuana and methamphetamine intoxication. I am confident these factors played a significant role, at least. June 25, 2021 was a tragic day. Regardless of the sadness and the reasons behind why Mr. Fann did what he did, the trooper acted heroically and necessarily to do what he reasonably believed he had to do to save his own life that day. The trooper acted lawfully when he killed David Fann on June 25,2021.
“This Office shall take no further action.“