Sandy officer found justified in shooting, killing teen boy driving stolen van

SALT LAKE CITY — A Sandy police officer was legally justified when he shot and killed an autistic 16-year-old boy who was driving a stolen van that had just hit and severely injured a motorcyclist and had "veered" toward the officer, the Salt Lake County District Attorney's Office announced Friday.

Sandy police officer Brian Peters fired eight times, hitting Malachi Portwood in the back as the teen drove by in a Chrysler Voyager. Malachi was stopped a short distance later and received emergency medical care, but died about an hour later.

The incident happened on Nov. 9, 2023, after Malachi sneaked out of Future Rising group home — just one day after arriving — stole a U.S. Army van from a recruiting station at 814 E. 9400 South, hit a motorcyclist, causing severe injuries in which the victim eventually lost a leg, and was shot by Sandy police minutes later. After the shooting, police learned that Malachi had autism, ADHD and Oppositional Defiance Disorder, according to his mother.

After the boy escaped his group home and stole the van, an officer who was in his own personal vehicle saw what was happening and followed the van while calling 911. Near 12600 South and Bangerter Highway, South Jordan police attempted to stop the vehicle, but Malachi fled and officers did not pursue, according to police.

Police again spotted the van near 9400 South and 700 East. As the van approached Monroe Street, an officer exited his vehicle to deploy tire spikes. But while the van was waiting in traffic to make a left turn, the officer called out to the driver at gunpoint and ordered him out of the van, according to body camera video. Instead, Malachi ignored the officer's commands and made a U-turn and began driving into oncoming traffic. Moments later, he hit a motorcyclist.

Malachi continued down Monroe Plaza, where he ran into a dead end and turned around. As he drove back toward the oncoming pursuing officers, police say the boy "veered" toward an officer who had just stepped outside of his vehicle. That officer, Peters, fired at least eight shots as the van drove by. The van then hit a police patrol car that was blocking its path moments later.

After Malachi exited the van, he lay down on the ground, but he could be heard groaning in pain and saying he was "sorry." He died about an hour later.

"The van veered in (Peters') direction shortly after he had gotten out of his patrol car, and "Peters fired at the van as it drove toward him and continued past him," according to Gill's report.

In announcing his decision during a press conference on Friday, Gill showed body camera and dashboard camera videos from Peters and a second officer in another car behind Peters, which clearly show Malachi's van veering or making a quick "jerk" toward Peters after he steps out of his patrol car. Peters presses himself against his car, but has nowhere to go as he fires his gun.

The second officer, who was behind Peters, told investigators that he also saw the van driving toward him and stayed in his patrol car until it passed.

"I see this vehicle approaching my way, and I decide, 'Oh, this car's gonna hit me.' I get, I stay in my car and I hear the gunshots in front of me," the report states. Gill said the officer added that, although investigators could not determine Malachi's speed at the time, it was "not a slow crawl." As the second officer noted, the van "started just accelerating back out as, like, if it was coming, trying to find an exit, in my direction."

Bodycam video from Sandy police

Peters declined to be interviewed by the district attorney's office in connection with the investigation. But Gill said the video from the officer behind Peters was important because it provided context for what Peters was seeing and reacting to.

"Prior to him shooting, (the van) actually veers toward him," Gill said. "The van is actually coming and actually you see it turning toward the officer before the officer fires."

In prior police shooting investigations, Gill has found that officers who shoot at moving vehicles or who put themselves in the path of a moving vehicle were not justified in using deadly force, such as the case of a Salt Lake police officer in 2011. In this case, however, Gill said the totality of all the events — from the van being stolen to Malachi ignoring an officer's commands at gunpoint to get out and hitting a motorcycle rider after flipping a U-turn and driving the wrong way — had to be taken into consideration.

"This person has run multiple red lights. This person has now flipped a U-turn (and) going the wrong way caused an accident with a motorcyclist … didn't slow down, and now he's turning around and coming back at (police)," Gill said. "It's not like Peters just jumps out and starts firing rounds. He is there, he's jumped out, and when that wheel turns toward him, that's when he fires that round."

For those who may question why officers didn't simply block the entrance to the dead-end street, Gill states that it was a rapidly developing situation.

"They are truly in the midst of a dynamic, dynamic situation. And not just someone who is speeding away, but the context is important," Gill said. "(Police) didn't have the time to box him in. While that's Monday morning quarterbacking, contextually, it is so fast, there wasn't time for that."

Six people associated with the Bluffdale group home — including the facility's directors and consultants — were charged last year with abusing or neglecting Malachi and lying to investigators or hiding evidence. By the time the decision was made by administrators to call police and Malachi's parents, "and tell them (Malachi) had run away from the West Jordan Library," he had already been shot and killed, according to court documents.

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