Deputies’ use of force in Mountain Iron shooting ruled justified

Two deputies’ use of force during an incident in Mountain Iron in December has been ruled justified by the St. Louis County Attorney’s Office, Hubbard Broadcasting affiliate WDIO-TV first reported Monday.

According to the attorney’s office, a two-tier outside system was conducted to review the case, which stemmed from a shooting in early December. Nineteen-year-old Estavon Dominick Elioff died after being shot multiple times.

The deputies involved were identified as Ryan Smith and Matt Tomsich. Smith had been with the sheriff’s office for 11 years by that time and Tomsich had been with the department for 12 years.

BCA identifies St. Louis County deputies involved in fatal shooting of drive-by shooting suspect

The report compiled in the case review stated there was probable cause for Elioff’s arrest due to a reported second-degree assault from an earlier drive-by shooting in Virginia, Minn.

The report stated, when Elioff was confronted, he refused to take his hand out of his jacket pocket, though he was ordered to do so. Deputies reportedly used a Taser, which did not have an effect, the report stated. The report stated when Elioff removed his hand from his pocket, he pointed it out toward one of the deputies. That deputy, the report stated, stepped back and yelled, "Gun gun gun." At that point, deputies fired at Elioff.

The report stated a folding knife was found on the ground after the shooting.

Both outside counsel reviewing the case concluded that the use of force by both deputies "was clearly necessary, justified and authorized under the law," St. Louis County Attorney Mark Rubin said in a statement.

"When confronted with the inherent threat of great bodily harm or death to themselves or others, an officer has the right and the duty to use the amount of force reasonably necessary to meet that threat," Rubin also said in the statement. "This was a death following the pursuit, confrontation, and attempt to take into custody a young man suspected of firing multiple shots into a home in Virginia, with a 9mm weapon, a little more than 24 hours earlier. A tragedy? Yes. Especially because indications point to a young Elioff feeling caught, trapped, and hopeless…and in all likelihood knowing that his gesture towards the deputies would force a professional response and cost him his life."