Police justified in Interstate 90 shooting in Post Falls, prosecutor says

All 12 police officers who fired their weapons in a freeway shootout with a heavily armed suspect in Post Falls last summer were justified in their actions, a North Idaho prosecutor has found.

Six Coeur d’Alene police officers, three Post Falls police officers, two Kootenai County sheriff’s deputies and an Idaho State Police trooper exchanged gunfire with Marcus Rael after he stopped at an Interstate 90 overpass on June 22.

Rael, of Glendale, Arizona, shot at police first, firing three to seven times with a handgun. No officers returned fire initially, but instead ordered Rael to surrender, Bonner County Prosecuting Attorney Louis Marshall said in a report released Monday through the Kootenai County prosecuting attorney’s office.

Officers spent about 5 minutes trying to persuade Rael to surrender at the Spokane Street exit in Post Falls. When the suspect again began shooting at police with a high-capacity rifle, the officers returned fire, Marshall said. The gunbattle lasted about 75 seconds, ending with Rael shot twice in the torso, once in the right leg and once in the left arm. No officers were injured.

“All shots were fired at Rael to stop the threat he was posing by firing at officers,” said Marshall, who reviewed the shooting because of the number of Kootenai County agencies involved.

All 12 officers stated they feared for themselves, other officers and the public, according to the report. Several officers said they saw rounds striking near them and heard rounds whizzing by, Marshall wrote.

“Officers involved on that Sunday night showed great resolve and are a testament to their professionalism,” Bonner County Sheriff Daryl Wheeler said last year. His office took the lead in the investigation.

The 24-year-old Rael was armed with an FN Herstal P90 semiautomatic rifle with a 50-round magazine, an AK-47 semiautomatic rifle with a drum magazine with 75-round capacity, and two .357-caliber handguns. Rael had led police on a chase from Coeur d’Alene, where he allegedly evaded an officer’s attempt to arrest him on suspicion of driving under the influence, investigators said. Coeur d’Alene police Officer August Wessel had pulled over Rael on Sherman Avenue, and Rael drove off, dragging Wessel a short distance, Marshall’s report stated.

A Kootenai County grand jury indicted Rael on 12 counts of assault with intent to commit murder and attempting to elude an officer. He pleaded not guilty on all counts.

His trial is set for March 31.

The 12 officers were Cpl. Joshua Kagarice, Idaho State Police; Deputies Paul Mead and Erik Hedlund, Kootenai County Sheriff’s Office; Officers Brett Chapman, Jason Mealer and Alexander Sporleder, Post Falls police; and Coeur d’Alene police Officers August Wessel, Joshua Schneider, Dustin Taylor, Nate Petersen, Jordan Noble and Andy Tenney.