A Dillon Police officer and Summit County Sheriff’s deputy who shot and killed Charles “Charlie” Foster over the summer will not face criminal charges.
Summit County District Attorney Heidi McCollum wrote in a statement that Officer Allen Jambor and Deputy Vincent Moquin were justified in their actions because the 18-year-old Foster posed an immediate danger to others.
“Mr. Foster had repeatedly failed to comply with the commands of both Officer Jambor and Deputy Moquin to put down the gun,” McCollum wrote. “Mr. Foster ultimately raised his gun to a position which could only have been interpreted to any reasonable person that he was intending on using deadly force against the officer and the deputy.”
An investigation determined that Foster’s gun was a Smith & Wesson M&P40, cal 0177 (4.5 mm) BB gun. The model is a replica of a Smith & Wesson M&P40, semi-automatic pistol. The gun was not loaded at the time of the incident.
The Summit Dispatch received a report of a man waving a firearm and banging on the doors in the Summit Cove neighborhood of Dillon at 7:22 a.m. on July 9. Jambor and Moquin found Foster walking on the 600 block of Summit Drive. When asked to raise his hand and if he had a gun, Foster reached for the firearm. Initially, he complied by dropping his weapon and walking toward the officers but went back to pick up the gun.
When Foster pointed his weapon at the officers, he was shot four times. Foster died on the scene. No officers were injured.
His aunt Monica Vasquez told the Summit Daily that Foster had left the house after everyone was asleep and had taken her survival bag. She said he had a mental health crisis and the family called 911 that night to report him missing. Vasquez described her nephew as “the most loving, caring kid in the world.”
Through their attorney, the Foster’s family said they continue to mourn their son, who had recently graduated from Summit High School in May.
“Unfortunately, he was unable to receive the professional help that he needed, despite his family’s efforts to get him that help,” the statement said. “Charlie’s family appreciates the outpouring of love and support that they have received from the community. At this time, the family requests privacy as they continue to grieve.”
The family has yet to comment on McCollum's decision not to pursue charges.
