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Grand jury clears troopers in fatal shooting

May 19, 2005|by CANDICE BOSELY

martinsburg@herald-mail.com

MARTINSBURG, W.Va. - After hearing testimony from several witnesses Wednesday, members of a Berkeley County grand jury panel decided not to return any charges against the two West Virginia State Police troopers who fatally shot a man last month, Berkeley County Prosecutor Pamela Games-Neely said.

Troopers Todd Lind and Clay Ellwanger shot Michael Yurish, 51, seven times on April 11 as Yurish moved toward his estranged wife with a large kitchen knife, Games-Neely has said.

"The grand jury has declined to request any further investigation. They have declined the issuance of an indictment or (arrest) warrant and deem the matter to be closed," Games-Neely said.

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Games-Neely requested that the 16 members of the grand jury investigate the shooting. Fifteen of the grand jurors unanimously decided not to hand up an indictment; the 16th juror asked to be excused, citing a possible conflict of interest.

Only 15 grand jurors are needed for a quorum, Games-Neely said.

Because grand jury proceedings are held behind closed doors, Games-Neely could not elaborate on who testified or what evidence was presented.

The shooting happened at 2:48 a.m. inside the house of Joy Yurish at 92 Hedrick Ave., Martinsburg. Joy Yurish was Michael Yurish's wife.

Lind and Ellwanger fired their semi-automatic, .45-caliber Smith & Wesson handguns 18 times, Games-Neely said.

Ellwanger's gun jammed after he fired seven times; he dumped his clip and reloaded but did not fire again, Games-Neely has said. Instead, he pulled Joy Yurish away from her husband, who continued to move forward aggressively, Games-Neely has said.

Lind emptied his gun of its nine bullets and reloaded; he then fired twice more, for a total of 11 shots, Games-Neely has said. Yurish was handcuffed after the officers finished shooting and was pronounced dead at the scene, Games-Neely has said.

Both officers have been reinstated to regular duty.

Although Games-Neely said her office determined it to be "a clean shoot" and the West Virginia State Police found the troopers had not violated any policies, she said it is routine for her to present officer-involved shootings to a grand jury.

"These are private citizens and we ask them to review (officer-involved shootings) as well," she said.

The case began early April 11 when Joy Yurish heard a loud noise at her back door caused by an intruder. After recognizing the intruder as her husband, Joy Yurish demanded that he leave.

Joy Yurish had taken out a Family Protection Act order against her husband. Also, Yurish was free on bail on a charge of attempted murder, filed after he tried to strangle his wife with an extension cord in November 2004, Games-Neely said.

A condition of the bail and a requirement of the Family Protection Act order was that Michael Yurish, who was living with his mother on Winchester Avenue, have no contact with his wife. She had filed for divorce, court records state.

When Yurish threatened to kill his wife, Joy Yurish pressed a panic alarm given to her by the Shenandoah Women's Center, which alerted the county's 911 center, Games-Neely said.

A 911 dispatcher called Joy Yurish who, pretending that she was talking to an alarm company representative, gave yes or no answers to the dispatcher's questions.

Dispatchers then relayed information to the responding officers, police have said.

The troopers entered the house through its back door after obtaining permission from Joy Yurish, Games-Neely said.

Once inside, the officers told Michael Yurish to stop. Instead he "ran toward his estranged wife with the knife in an aggressive manner," according to a press release from Games-Neely's office.

The troopers again ordered Yurish to stop. When he did not, they began firing their weapons, Games-Neely said.

Even as the troopers were firing, Yurish continued moving toward his wife with the knife, Games-Neely said.

"Shots were fired initially to stop (Yurish), but he kept coming. He kept being aggressive," Games-Neely has said.

Grand jury proceedings are held behind closed doors. Of the 16 jurors in the panel, 12 must agree for a "true bill" to be returned, which allows the case to proceed to a possible trial.

Neither defendants nor their attorneys are allowed to be present, and an indictment is not an indication of guilt.

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