TWIN FALLS, Idaho — A Twin Falls couple is suing the Twin Falls Police Department over a shooting incident that occurred in January 2024. According to court documents, officers shot Matthew Livingston at his front door while he was holding a rifle.
The incident occurred shortly after midnight on January 11, 2024, when two 911 calls reported sounds of gunshots in a rural residential area along Hankins Road. The second caller claimed to have witnessed a man, believed to be Livingston, shooting an object in their front yard toward a vacant field.
Local authorities stated that discharging firearms within Twin Falls city limits is a misdemeanor. A police spokesperson tells Idaho News 6 that officers are sure to respond to calls reporting gunfire in the city.
Three officers from the Twin Falls Police Department arrived at the scene, but the complaint alleges they did not activate emergency lights or sirens. Instead, it says they parked down the street and approached the home on foot. Livingston contends that he was unaware of the officers' presence when he approached his front porch holding his AR-15 rifle in what the complaint describes as a "non-shooting position." He claims Officer Tyson Infanger fired two shots without warning, one of which struck him in the lower torso.
Infanger's legal representatives tell Idaho News 6 it is standard practice nationwide for officers to arrive without emergency lights and sirens when approaching potentially armed individuals.
"Officers are not required to make themselves highly visible 'sitting ducks' nor are they required to put themselves at a tactical disadvantage and expose themselves to being ambushed," Lovell Law said in a statement.
The officer's response also disputes the allegation that Livingston emerged from his house carrying his rifle in "a non-firing position".
"While officers were walking in front of Livingston’s residence on the public sidewalk, Livingston quickly and violently exited his residence holding an AR-15 and immediately pointed it at the officers in what Ofc. Infanger recognized as a military-style 'button hook' maneuver that displayed hostile intent," the statement said.
In the lawsuit, Livingston alleges that Infanger did not identify himself as law enforcement and failed to declare intent to use deadly force, both of which are outlined in the Twin Falls Police Department's policy manual. Livingston asserts that he did not knowingly or intentionally refuse any commands made by the officers prior to being shot. He was rushed to the hospital for emergency surgery and reports that he is still recovering.
In their statement, Infanger's attorneys dispute the idea that officers are required to identify themselves or declare intent to use deadly force.
"Even if that were true," the statement said, "Neither Idaho law nor the TFPD policy manual requires Ofc. Infanger to delay defending himself and announce his intention to use deadly force when he is staring down the barrel of an AR-15 rifle while standing on a public sidewalk."
A Critical Incident Task Force investigation concluded that the officers acted justifiably.
Livingston and his wife, Nicole Thompson, are seeking compensation for lost work time, medical expenses, and emotional distress resulting from the incident. Court records show that both parties are currently pursuing mediation.
"Livingston was the cause of his injuries that night when he irresponsibly threatened three TFPD officers by pointing a rifle at them as they walked on a public sidewalk," said Infanger's attorneys in the statement.
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