MSHP report names CPD officers involved in August shooting at Columbia apartment complex

COLUMBIA, Mo. (KMIZ)

Five Columbia Police Department officers were described to have been involved during an incident at a Columbia apartment complex in August that resulted in a man getting killed by police, according to a report from the Missouri State Highway Patrol

The Aug. 4 shooting at The Landing in Columbia left 22-year-old Marquis Rivera dead after police said Rivera shot into the air, and then shot at officers. The report identifies the officers involved in the shooting as Dalton Alvey, Andrew Gilstrap, George Chiang, Ethan Wild and Kaleb Baillargen.

Police had not previously released the names of involved officers or how many officers shot at Rivera. Callaway County Prosecutor Benjamin Miller was named a special prosecutor in the case and no charges were filed against any of the officers.

Miller wrote in a February memo that charges were not filed because there was an imminent threat to public safety, officers made efforts to de-escalate and the officers’ conduct was reasonable “based on the totality of circumstances.” Miller wrote in his decision that Rivera shot a handgun eight-to-10 times in the air and at officers. He also wrote that shots hit the officers’ patrol cars.

The MSHP report includes entries that state damage was sustained to patrol vehicles and a shell casing was found near a police vehicle. A contractor – who was working in the area that day – was cited as saying he was pulling out of a parking spot when he heard gunshots and saw officers “under fire” and claimed to have seen Rivera fire 10 shots in a row. Another witness cited in the report stated they did not see Rivera getting shot, but took three separate video clips of officers “as they used force.” The report states the videos were later seen on social media

The report -- which was obtained by ABC 17 News through a records request -- states it was "likely" Gilstrap and Chiang each fired one round at Rivera, Baillargen fired four rounds, Alvey fired five rounds and Wild did not shoot his gun.

In an interview detailed in the report, Gilstrap -- who is described in the report as a school resource officer at Rock Bridge High School -- did not recall firing a shot during the exchange of gun fire. However, “he later noticed the magazine in his handgun was missing one round of ammunition," the report states. Gilstrap had worked for CPD for four years, eight months at the time of the shooting, according to the report.

In another interview detailed in the report, Wild, who had worked for the department for three years stated he attempted to fire his rifle at the subject, but did not feel the recoil of the gun as he pulled the trigger. He stated he believe the gun did not fire. The report states that on video, Wild was allegedly seen removing a magazine from the gun, tried to put a cartridge in the chamber and re-insert the mag. The report states the chamber was empty, so a shot was not fired from Wild’s gun.  

In Alvey's interview, Alvey told investigators that Rivera had warned officers that he had one more bullet left after shooting at officers, and Alvey believed he would try to use it. Alvey stated in his interview that he fired his gun three times in a row, paused to assess the situation and fired once more, the report states.

According to previous reporting, police were called twice to an apartment at The Landing that day for a reportedly suicidal man. Previous reporting indicates police stated more than one officer returned fire and the suspect was killed. Rivera's family previously described the police officers at the scene as "negligent."

The MSHP report states three videos from a witness that were later found circulating on social media showed officers telling Rivera to "get down" after the first several rounds were fired.

The report also states that during an interview with a man who said he was Rivera's roommate, he noted Rivera had been having relationship problems with his girlfriend and struggling to find employment.

The roommate also allegedly said Rivera had posted a message on his "Snapchat" account saying "I'll see you guys later." The roommate said he thought this meant Rivera planned to kill himself.

Investigators recovered several shell casings, “projectile fragments” and a cartridge at the scene. The report states that “at some point during the processing of the scene,” one of the found shell casings had “apparently fell out of its envelope.”

An interview with Baillargeon detailed in the report, Baillargeon states that he was not dispatched to the original call. Baillargeon allegedly said he heard on his radio that shots had been fired while working on something at the police garage.

Baillargeon stated when he arrived, he saw an officer pointing their gun at Rivera, but he could not see Rivera. The report states Baillargeon exited his vehicle with a rifle.

According to the report, Baillargeon ran behind the officer that was pointing his gun at Rivera, and saw Rivera walking in the parking lot. He then said he remembered Rivera raising his gun into the air and firing it "about five or six times."

Baillargeon stated he remembered ordering Rivera to drop his firearm or he was going to shoot him. He said in the report that he heard Rivera respond saying, "shoot me then."

The report states Baillargeon recalled officers attempting to calm Rivera down, but Rivera refused to do so. He said he heard a gunshot, prompting him to fire his gun but couldn't remember where the gunshot came from or what made him fire his gun.

The report states during the time of the shooting, Baillargeon had worked for CPD for "a little over a year."

Both Alvey and Baillargeon stated in the report that officers rendered aid to Rivera following the shooting.

ABC 17 News reached out to the Columbia Police Department on Wednesday evening.