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Officer cleared in shooting

FAIRMONT — A Fairmont police officer has been cleared of any wrongdoing in the January shooting death of a man at Fairmont Square Apartments.

Martin County Attorney Terry Viesselman issued a press release Monday stating that an investigation by the state found that Officer Craig Fowler was justified in using deadly force to protect himself.

The Minnesota Bureau of Criminal Apprehension delved into the Jan. 20 event involving the shooting death of Nicholas D. Moore, 23. Viesselman says physical evidence gathered at the scene corroborated the statements of the police officers involved as well as witnesses.

According to investigators:

On the night in question, police were dispatched to the apartment complex in response to a 911 call by a female who said she was being threatened. Upon arrival, one officer could hear crying and a female yelling for help from within an apartment. One officer forced open the door of the apartment and immediately observed Moore coming at him with a knife in each hand, held up over his head.

The officer backed up to the left, out of the apartment, telling Moore to drop the knives. As Moore exited the apartment, he turned to the right and ran toward the second officer, Fowler, with the knives still in his hands. Fowler tried to retreat by backing up down the hallway, but Moore was quickly within arm’s reach. Fowler felt he was going to be stabbed and killed by Moore.

Fowler drew his service weapon as he was attempting to back up and fell to the ground. As he fell, he fired two shots, both of which struck Moore. Moore was moving so fast toward Fowler that his momentum carried him over Fowler and he landed on the floor.

Moore died at the scene.

A resident in one of the apartments heard one officer yell, “Drop the knife. Drop the knife.” The resident then heard two shots, and then one officer advise the other that Moore still had a knife in his hand that needed to be removed before attempting CPR.

The knives were recovered and Moore’s fingerprints were found on one knife and his DNA on the other.

State law authorizes a police officer to use deadly force if necessary to protect himself from apparent death or great bodily harm.

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