COMMONWEALTHSATTORNEYSREPORTON

THESHOOTINGOFJONATHANWARNER
CentraLynchburgGeneralHospital
January11,2016

MichaelR.Doucette
CommonwealthsAttorney
CityofLynchburg
June3,2016
1

INVESTIGATIVEPROCESS

At 4:43 a.m. on January 11, 2016, Jonathan Warner was shot four times by Centra security
supervisor Wesley Gillespie at the Dillard Psychiatric Emergency Care (PEC) Building of the
Lynchburg General Hospital. Within a very short period of time, the Criminal Investigations
Division(CID)ofLynchburgPoliceDepartment(LPD)begananinvestigationintothisshooting.

About an hour later, CID Capt. Ryan Zuidema called me at home to let me know what had
happened.Hesummarizedwhattheyknewatthetimeandnamedthepartiesinvolved.That
afternoon, I met with Detective Chad Davis, who was in charge of this investigation, and the
other detectives involved to discuss their findings. I also had the opportunity to review the
videooftheshootingatthattime.Thatwasthefirstofmanyviewings.

At no point did I have any concerns about the LPD investigating this case. However, Mr.
Warners attorney, Paul Valois, has publicly complained that there is some sort of conflict of
interest.Heseemstofeelthatthereissomesortoflawenforcementbiasinfavorofprivate
securityofficers.

ItisafactthatMr.GillespiewasaLynchburgpoliceofficerinthe1970suntilhewaswounded
inthelineofduty.Manyyearsago,hewasalsoanLPDchaplain.HissonisanLPDlieutenant.
However,thelongestservingmemberofLPDstartedhiscareerin1984sothereisnoonewith
LPDthateverworkedwithMr.Gillespie.Hissonwasspecificallyexcludedfromanyaspectof
thisinvestigation.

LPDCIDhasthecapabilitiestoinvestigatethematterfullyandfairly.Ihaveworkedcloselywith
LPDfor32yearsandhavefullconfidenceintheirabilities.Ultimately,Iagreedtoreviewthe
results of the final LPD investigation. If I was satisfied that the final LPD report gave all the
informationIneededtomakeaninformeddecision,itwouldsuffice.IfIwasnotsosatisfied,I
reservedtherighttodemandaVirginiaStatePoliceinvestigation.

IhavereadtheentirefinalLPDreport.Ihaveaskedfor,andreceived,afewadditionalfacts.
WiththatIamsatisfiedthatIhavebeenprovidedtheinformationneededtomakeaninformed
decision. The video is the most important piece of that information, even if there is no
correspondingaudio.

THEISSUEOFRECUSAL

Idecidednottorequesttheappointmentofaspecialprosecutor.Idonotknowandamnot
friends with Mr. Gillespie or Mr. Warner and therefore have no personal bias for or against
them.IknowMr.Gillespiessononlywellenoughtosayhellotohimifwepass.

Asfarasthepossibilityofsomeprofessionalbiasinfavor offormerpoliceofficersorprivate
securityguards(aremotepossibilityindeed),anyotherspecialprosecutorappointedcouldbe
accusedofthesamething.Therefore,thereisnoadvantagetosuchanappointment.Tothe
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contrary, it could be a disadvantage to have such an appointment. Any special prosecutor

wouldmostlikelybefromajurisdictionfarremovedfromLynchburg.Suchanindividualcould
comefromtheirhomejurisdiction,simplymakethedecisionwhethertoplacechargesandgo
homeagainwithoutbeinganswerabletothecitizensofLynchburg.

Whilenospecialprosecutorswereappointed,Ididreachouttothreeofmycolleaguesaround
theCommonwealthfortheirindependentconclusions.ThosethreeareDonaldCaldwell,Colin
Stolle,andShannonTaylor;CommonwealthsAttorneysfortheCityofRoanoke,VirginiaBeach,
and Henrico County, respectively. In fact, Ms. Taylor recently attended a weeklong use of
forceseminarinNorthernVirginiaconductedbytheForceScienceInstitute.

Iprovidedcopiesoftheinvestigativematerials,includingthevideo,toeachofthem.Iasked
themtoindependentlyreviewthematerials.Ithentalkedtothemindividuallywithouttelling
themmyconclusions.EachonereachedtheexactsameconclusionIdid.

Iknowthatdecidingwhethertoplacecriminalchargesagainsteitherpartyinthismattercould
be tough. Regardless of what I decide, there may be a segment of the community who will
disagree with my call. Mr. Valois has been very public in his calls for charges against Mr.
Gillespie.But,incounterpoise,Ihavereceivedanumberofphonecallsdemandingthatinstead
ofchargingMr.Gillespie,IshouldchargeMr.Warner.

However, I was elected by the people of Lynchburg to make these tough decisions. Like any
umpire or referee, I have to screen out the shouts of those vocal spectators, exercise my
personal integrity and call it the way I see it. Being aware of possible accusations of
professionalbiaswilljustmakememoreguardedtodecidethismatteronthefacts.

THEFOCUSOFTHISREPORT

Itisimportanttodiscussattheoutsetwhatthisreportisandwhatitisnot.

This report is concerned solely with whether state criminal charges should be placed against
Mr. Gillespie or Mr. Warner. That determination must be based on a cold, balanced
examinationofthefacts.

Thisreportisnotconcernedwithanycivilculpability.Itisnotconcernedwiththerationalityof
Centra administrative policies, procedures or practices; nor whether this incident on January
1011, 2016 could have been handled differently or better. I am not and never have been a
sworn police officer or a security officer. My training and experience have been with the
Constitution, the criminal laws and the court procedures in Virginia. Therefore, I limit my
professionalopiniontowhethertherehavebeenanyviolationsofthesestatecriminallaws.

TheconclusionsIhavereachedinthismatterhavebeenbasedonstandardsIhavepracticed
dailyin32yearsasaprosecutingattorneyinLynchburg.Asstatedabove,anycriminalcharge,
whether in this matter or any other case, must be based on facts. Those facts must be of
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sufficient cumulative weight that they will probably convince a judge or jury beyond a
reasonabledoubtthatthedefendanthasengagedinconductwhichviolatesthecriminallaws
ofVirginia.Anythinglessisnotenough.

Therefore,myanalysisstartswithadeterminationofwhathappenedfactuallyinthePsychiatric
EmergencyCareBuildingonJanuary11,2016.SinceIwasnottheretowitnessthiseventwith
myowneyesandears,Imustrelyonthehospitalsvideorecording,theresultsofthepolice
investigativereportsanddrawmyownfactualconclusions.Aswithanydeterminationoffact,I
canandshouldconsidertheappearanceandmannerofthewitnesses...,theirintelligence,
theiropportunityforknowingthetruthandforhavingobservedthethingsaboutwhichthey
[havegivenastatement],theirinterestintheoutcomeofthecase,theirbias,and,ifanyhave
beenshown,theirpriorinconsistentstatements....VirginiaModelJuryInstructionCriminal
2.500.Additionally,Iamentitledtouse[my]commonsenseinjudgingany[evidence].Id.

Once,IhavedeterminedwhatprobablyoccurredonJanuary11th,basedontheweightofthe
evidence,Imustthenapplythelawtothosefactstoseewhetheranystatecriminallawshave
beenviolatedandwhetheranychargesshouldbefiled.

THEEVENTSOFJANUARY1011,2016

Around9:30p.m.onJanuary10,2016,JonathanWarnerwastakenbyfamilymemberstothe
Lynchburg General Hospital Emergency Room. Warner has suffered for some time with
significantpsychologicaldisordersthatrequiremedicationtokeepundercontrol.Onthenight
hewenttothehospital,Warnerhadnotbeentakinghismedicationsforseveraldays.

StephenWarnerprovidedhospitalstaffwithmostofhisbrothersmedicalhistory.Hesaidthat
thefamilywasconcernedoverWarnersbehavioroverthelasttwoweeks.Warnerhadshown
increasinganxiety,decreasingappetiteandhadnotsleptinfourdays.Thefamilywashoping
that the hospital could get Warner placed at Virginia Baptist Hospital to get his medications
regulated.Whilethisconversationwasgoingon,Warnerwouldnotspeakormakeeyecontact
withanyoneintheemergencyroom.

A short time later, Warners family left the hospital, saying that they would return in the
morning.Theywerenotpresentatthehospital5to6hourslaterwhenWarnerwasshot.

At 10:46 p.m. an emergency room doctor assessed Warners mental state. In addition, he
spoke with Warners counselor from Horizon Behavioral Health about Warners history and
current symptoms. Based on Warners behavior and few brief comments1, the doctor
concluded that an emergency commitment order (ECO) should be obtained. The magistrate
issuedtheECOat1:18a.m.onJanuary11th.

Forinstance,whenthedoctortoldWarnerthatifhewouldagreetotakethesamemedicationsthathadbeen
previouslyprescribed,theycouldhavehimstayatthePECinsteadofobtaininganECO,Warnerreplied,Whatdo
youknowaboutgeology?

Another counselor from Horizon who was working at the emergency room that night began
talkingtoWarnertoseeifhehadanysuicideideation.SheexplainedtoWarnerthatanECO
hadbeenissuedandthathewasnotfreetoleaveatthatpoint.2ShethenevaluatedWarner
for approximately two hours to see whether a temporary detention order (TDO) should be
issued.3Duringthisevaluation,WarneraskedherwhetherhecouldbetransferredtothePEC.

ThecounselorthenspokewithhospitalsecurityandconfirmedthattheECOhadnotyetbeen
served on Warner. Eventually, the counselor and the medical staff all agreed that if Warner
would voluntarily agree to treatment at the PEC, they would not serve the ECO. The
counselors final disposition was that Warner was actively psychotic but volunteering to be
admittedtothePECunit.

At approximately 4:15 a.m., Centra security supervisor Wes Gillespie4 arranged with another
security officer to walk Warner the short distance from the emergency room building to the
PECbuilding.5ThePEChasasecureddoorsoonlyauthorizedpersonscanenterorleave.It
also has a video camera installed so that most activity in the main room is video recorded.
However,thecameradoesnotalsorecordaudio.OnceWarnerwassafelyinthePEC,Gillespie
shookhandswithWarnerandheandtheotherofficerleft.

ThestaffondutyinthePECatthattimeincludedMeleaMoore,aCentranurse;ErinRudder,a
Horizonintakeofficer;andJasonBryan,aplainclothesCentrasecurityofficer.AfterGillespie
left,MoorenoticedthatWarnerwaspacinghardabouttheroomandthathewaswideeyed,
agitatedandmostlynonverbal.Sheexplainedtohimtheprocessofhowtheyweregoingto
administerhimsomemedicationandlethimsleepuntilhecouldbeseenbyapsychiatristin
themorning.Shealsoaskedhimifhewouldlikesomethingtoeatordrink.After23minutes
of not answering, Warner finally said he didnt want anything to eat or drink but wanted
Gillespietocomebackover.Mooresaidthathersixthsensebasedonworkinginmental
healthforsixyearstoldherthatWarnerwasreadytogooff.

GillespiearrivedbackatthePECat4:21a.m.Warnerthenaskedifhecouldusethephoneto
makeacall.GillespieallowedWarnertodialthephonenumberbutnooneanswered.When
Warner hung up, there were tears in his eyes, his hands stiffened and he said she didnt
answer.At4:26a.m.,MooretoldBryantotakeoffhisbadge,puthispenawayandmovethe
phonebecausesheknewitwascoming.

2
It is important to note that the ECO had not been served at this time on Warner. In fact, the ECO was never
served.
3
Had a TDO been issued, Warner would have been in custody and involuntarily taken to the Virginia Baptist
Hospital.HewouldnothavebeeneligibletostayatthePEC.
4
Gillespieisaspecialconservatorofthepeace(SCOP).Assuch,hemettheregistrationandtrainingrequirements
setforthbytheVirginiaDepartmentofCriminalJusticeServicesandwasappointedanSCOPbycircuitcourtorder.
Histrainingwascurrentasofthedateofthisincident.
5
GillespiehadtalkedearlierwithWarnerwhilehewasintheemergencyroomandseemedtogainsomerapport
withhimthere.

Gillespie was able to help Moore explain some of the paperwork to Warner. At one point,
WarneraskedGillespie,DoyoubelieveinGod?6Warnerthenfollowedupbyasking,What
ishisname?GillespieandWarnercarriedonaconversationaboutreligionforawhile.

At 4:31 a.m., Moore contacted the hospitals pharmacy department to tell them that it was
imperativethattheyauthorizethedispensingofappropriatemedicationforWarner.7Around
4:35a.m.,MooreaskedRudder,whowasinthebackroom,torecontactthepharmacy.She
toldRuddertotellthepharmacythatiftheydidnotauthorizethemedicationsinthenextfive
minutes,theyweregoingtohaveaCodeAtlas(PatientOutofControl/OfficerNeedsHelp).
RudderspoketoawomaninthepharmacydepartmentwhotoldRuddertocontactAdmissions
since the computer system was not indicating that Warner had been transferred from the
EmergencyRoomtothePEC.RuddertriedtocontactAdmissionsbutthelinewasbusy.She
leftthecallonthespeakerphoneallowingittoring.

Moorethenwentbackintothemedicationroominanefforttogetthemedicationfromthe
Accudosesystem.Sheknewatthatpointitwasaraceagainsttheclock.Shekeptentering
and reentering Warners name into the system but was unsuccessful in obtaining the
medications.

In the meantime, Gillespie and Bryan kept trying to talk to Warner and defuse his agitation.
Gillespie was standing directly in front of Warner, about a foot apart, and Bryan was about
threetofourfeetbehindandtotheleftofGillespie.

At 4:43:01 a.m., Warner shifted his weight slightly to his left foot and then lunged with both
hands for the pistol on Gillespies left hip.8 Gillespie immediately started backstepping as
quicklyashecouldwhileusinghishandstopryWarnershandsoffofthepistol,whichwasina
levelthreeretentionholster.Gillespieretreatedbackandaroundthecounteruntilhebacked
into a pillar. At this point, after Gillespie and Warner had passed by him, Bryan alternately
grabbed Warners waist, arms and legs in an effort to get him off Gillespie. Gillespie tried
punchingWarnerintheheadbutthathadnoimpact.Atsomepointinthisstruggle,Gillespies
radiocameoffhisbeltandwasdanglingbythecordontothefloor.Gillespiesaidthatheknew
atthattimeifWarnergothispistol,everyoneinthisroomwasgoingtodie.

BetweenGillespiesandBryanseffortstuggingbackonWarner,Gillespiewasabletousehis
lefthandtogotohisleftwaistwherehisTaserwaslocated.At4:43:21,hewasabletogethis
Taser out of its holster. Warner immediately switched from trying to grab the pistol on
GillespiesrighthiptograbbingtheTaseroutofGillespieslefthand.At4:43:26,Warnerwas
abletopulltheTaseroutofGillespieshandwithhisrighthand.GillespieandBryaninitially
bothbegan tobackup butthenBryanbegancomingtowardsWarnertotrytogettheTaser

Gillespieisalsoanordainedminister.
The hospital uses a systemknown asAccudose. Oncethe pharmacyauthorizes the dispensing ofmedications
throughthecomputersystem,thePECcanwithdrawthosemedicationsfromtheirownlockedmedicationsroom.
8
Gillespiewastheonlysecurityofficerondutythatnightarmedwithafirearm.
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back. Meanwhile, Gillespie backed up and reached towards his pistol while Bryan held
Warners left arm. At 4:43:30, Warner began to try using the Taser against Bryan, so Bryan
retreatedtoasmalladjacentroom.

At4:43:34,WarnerfiredtheTaseratBryan,missinghimbuthittingadoorframe.Warnerthen
chased Bryan into the room where he began trying to deploy the Taser at him again, nicking
Bryanintheupperleftarm.AsWarnerandBryanwereinthesmallerroom,Gillespieslowly
began to walk towards that room. As Gillespie did so, heremoved his pistol from its holster
andhaditathisrighthippointingforward.

At4:43:39,Warnerranoutofthesmallroombackintothemainroomwithhisarmextended
pointingtheTaser.Atthesametime,Gillespieraisedhisgun.Thedistancebetweenthemwas
six to seven feet. According to Gillespie and Moore, he yelled at Warner to stop, drop it.9
Whileitishardtosayforsurebecausethereisnoaudio, at4:43:40itappearsthatGillespie
fired a shot into Warners right thigh just as the laser sight from the Taser in Warners hand
illuminatedonGillespiesbadge.Atthesametime,acartridgefromtheTaserejectedandhit
thefloor.BryanbrieflycameoutoftheroomandgrabbedWarnerfrombehindbuthequickly
releasedWarnerandretreatedbackintothesmallroom.Theshothadnoapparentimpacton
Warner.

GillespiebeganbackingupasWarnercontinuedtopointtheTaserinhisdirection.At4:43:41,
Gillespiefiredwhatappearstobethesecondshot;thecameraactuallycaughtthemuzzleflash.
This shot creased Warners abdomen and entered his left arm. Warner continued running
towards Gillespie with the Taser pointed in Gillespies direction, although his motion was
slightlystumbling.Thethirdshotappearstobeat4:43:42,althoughitagainisdifficulttobe
sureasthereisnoaudio.ThisshotapparentlyhitWarnerinthechest.

AsGillespiesteppedbackandtohisright,Warnerbrushedpasthimandfelltothefloor.He
landedonhiskneesandelbowsbutalmostimmediatelybegantogetbackup.At4:43:44,he
gottohiskneesandhandswithhistorsoparalleltothefloorwhenitappearsGillespie,who
wasstandingaboutfourfeetaway,firedthefourthandfinalshotintoWarnerslowerleftflank.
Withthat,Warnercollapsedtotheflooronhisback.

Withthat,BryancameoutofthebackroomandjoinedGillespie.MooreandRudder,whohad
gonetoabackroomduringmuchofthestruggle,cameoutandcalledformedics.At4:44:15,
BryankickedtheTaserawayfromWarnersreach.At4:44:30,Warnertriedtogetupbutfell
backtothefloor.At4:44:41,twootherCentrasecurityofficersenteredthePEC.Atthatsame
time, Gillespie got on the phone with 911 and said that he was a security supervisor with
CentraandjustshotapatientatthePECunit.

Rudderwasinabackroombythistime.Bryanishearingimpairedandatsomepointjustbeforethestrugglehis
hearingaidbatterieswentdead.Allheheardwastheshots.

At4:45:02andagainat4:45:33,Warnertriedtogetupbutbothtimescollapsedtothefloor.
At this point, as he was placed in handcuffs, he tried to grab the arm of a female security
officer, Dana Luck, in an attempt to bite her. Even after that, he continued to struggle
intermittently;ononeoccasionevengrabbingatGillespiesgunagain.

GillespiereportedthatWarnersaidnothingfromthetimehetriedtograbGillespiesgununtil
thetimehewasshot.HoweverafterWarnerwasshot,hestartedrecitingBibleverses.Luck
alsorememberedononeoccasionWarnermakingareligiousreference.

GillespietoldtheinvestigatingofficersthatoncetheattackstartedandhisTaserwastaken,all
he had left was his pistol. He said this was a really terrible situation that had to be stopped
becauseeveryonesliveswereindangerifWarnerwasabletousetheTasertogethisgun.

During the course of this investigation, LPD detectives made several attempts to interview
Warnerandhisfamily.Thiswasdonethroughcontactinghismotherandlaterhisattorney,Mr.
Valois.Alleffortswererebuffed.Basedonthemedicalreports,pressreleasesfromMr.Valois
andmediareports,webelievethatMr.WarnerisnowparalyzedfromtheT7vertebraedown.

LEGALANALYSIS

A. WESLEYGILLESPIE

Thefirst,andpredominate,issueforthisreportisthis:shouldMr.Gillespiefacesomecriminal
liability for taking potentially deadly action against Jonathan Warner or did he act in self
defense?

Thecommonlawinthisstatehaslongrecognizedthatapersonwhoreasonablyapprehends
bodily harm by another is privileged to exercise reasonable force to repel the assault.
Diffendalv.Commonwealth,8Va.App.417,421(1989).Asaresult,theModelJuryInstruction
Committee of the Supreme Court of Virginia has drafted an appropriate jury instruction
embodyingtheelementsofselfdefense.

If you believe that the [shooter] was without fault in provoking or bringing on the

difficulty,andifyoufurtherbelievethat:

1. the[shooter]reasonablyfeared,underthecircumstances as they appeared to

him, that he was in danger of being killed or that he was in danger of great
bodilyharm;and
2. heusednomoreforce,underthecircumstancesastheyappearedtohim,than
wasreasonablynecessarytoprotecthimselffromtheperceivedharm;

thenthe[shooting]wasinselfdefense.

See,Perriclliav.Commonwealth,229Va.85(1985);Fosterv.Commonwealth,13Va.App.2380
(1991)(defenseofothersisincludedincommonlawselfdefense).

There are two important principles to be gleaned from the above language. First, the threat
mustbereasonablyperceivedbytheactorasanimminentdanger,bysomeovertact,ofdeath
or serious bodily injury. The question is not whether the threat was an actual danger. The
question is whether the actor reasonably perceived an immediate threat to his safety or the
safetyofothersatthetimeheacted.See,Couturev.Commonwealth,51Va.App.239(2008).
Second,theresponsetothethreatmust,atthetimeoftheresponse,beproportionatetothe
threatitself.

So, is it reasonable to conclude that Mr. Gillespie perceived some overt act that led him to
believethatheorotherswereindangerofdeathorseriousbodilyinjury?Theanswerisyes.

Warnerclearlywasinthegripsofamentalhealthcrisis.Gillespiewasdoingallhecould,not
onlyasasecurityofficer,butasanordainedministerandahumanbeing,tolessenWarners
anxiety.GillespietalkedtoWarnerattheemergencyroom,buildingsomerapportwithhimas
a method of comfort. He calmly walked Warner over to the PEC, talked to him for a short
period,andshookhishandbeforeleaving.

WhenthefolksinthePECwereunabletocommunicateeffectivelywithhim,Warneraskedif
Gillespiecouldcomebackovertotalktohim.Gillespiedidsoandtheyspokefor22minutes,
withGillespieremainingcalmandsedateasWarnerpacedthefloor.WhenWarnertriedtocall
someoneonthephoneandtherewasnoanswer,thatseemedtoexacerbateWarnersanxiety.

Suddenlyandwithoutprovocation,WarnerattackedGillespieandtriedtograbhispistol.The
investigativereportdoesnotmentioneitherWarnersorGillespiesheightorweightbutitdoes
9

statethatonJanuary11,Gillespiewas68andWarnerwas28a40yearagedifference.The
videoshowsWarnertobe46inchestallerthanGillespieandhaveamoremuscularphysique.
Additionally, when he was interviewed by LPD detectives, Gillespie said that Warner had a
strengththatwouldsurpassanynormalhumanbeingatthattime.

After struggling for 20 seconds to grab Gillespies pistol, Warner was able to grab Gillespies
Taserinstead.HadWarnerincapacitatedGillespiewiththeTaseratanytime,heeasilywould
havebeenabletotakeGillespiesgun.AlthoughGillespiesradioappearedtobebroken,even
ifheorsomeoneelseinthePECwouldhavecalledforhelp,thathelpwouldnotarriveuntiltoo
late.AndsinceGillespiewastheonlyofficeratthehospitalarmedwithafirearm,anyarriving
helpwouldhavebeenbadlyoutgunned.

After Warner attacked Bryan with the Taser, he ran back towards Gillespie. After yelling to
WarnertostopanddroptheTaser,GillespiefiredashotjustastheTaserslasersightlituphis
chest.Thatbullet,whichstruckWarnerintherightthigh,didnothingtoslowWarnerdown.
Nor did the second bullet that creased his chest and entered his left arm. The third shot
broughtWarnerdowntoflooronhiskneesandelbowsbutheimmediatelytriedtogetback
up.

The issue is not whether in hindsight Warner was still a real threat to Gillespie before that
fourthshotwasfired.Wewillneverknow.TheissueiswhetherGillespiereasonablyperceived
anovertactofimminentdangerofdeathorseriousbodilyharmatthetimehefiredthatfourth
shotthatleftWarnerparalyzed.

Givenallthathadtranspiredduringthose44seconds,Gillespiesperceptionofthedangerat
thatpointintimewasreasonable.Amuchyounger,largerandstrongermanhadtriedtokill
him and others. That man had been struck with three bullets in three seconds and was still
beginning to get up. The reasonable conclusion was that Warner was getting up to attack
Gillespieagain.

Second,wasGillespiesresponsetotheperceivedthreatproportionatetothatthreat?Again
theanswerisyes.GillespiehadareasonablefearthatheandtheothersinthePECweregoing
tobeshottodeathifWarnergainedcontrolofthegun.AlthoughGillespiefiredfourshotsin
fourseconds,therewasashortpausebetweeneachonetoseeiftherewasanyimpact.After
the fourth shot was fired and the immediacy of the threat was over, Gillespie holstered his
weaponandfirednomoreshots.

I therefore conclude that at the time he fired the shots which hit Jonathan Warner, Security
OfficerWesleyGillespiewasactinginreasonableselfdefenseofhimselfandothers.

B. JONATHANWARNER

Asstatedabove,IhavereceivedseveralphonecallsfromindividualsdemandingthatIcharge
Mr.WarnerwithassaultingGillespieandrobbinghimofhisTaser.
10

UnliketheanalysisforMr.Gillespieabove,Icanquotenocaselawthatimpactsmydecision.
Instead I quote Attorney General (later Supreme Court Justice) Robert H. Jackson as he
addressed the Association of United States Attorneys in 1940. I have tried to live by these
wordsallmyprofessionalcareer.

Thequalitiesofagoodprosecutorareaselusiveandasimpossibletodefineasthose

which mark a gentleman. And those who need to be told would not understand it

anyway. A sensitiveness to fair play and sportsmanship is perhaps the best protection

againsttheabuseofpower,andthecitizen'ssafetyliesintheprosecutorwhotempers

zealwithhumankindness,whoseekstruthandnotvictims,whoservesthelawandnot

factionalpurposes,andwhoapproacheshistaskwithhumility.

InMr.Warnerscase,IconsiderednotonlythefactsasIfoundthemabove,butconsideredthe
fact that he has, and probably will always have, a significant mental illness. If charges were
placedagainsthim,hewouldhaveaviabledefenseofinsanityatthetimeoftheoffense.

Equallyimportant,Iconsideredthefactthatasaresultofwhathappenedintheearlymorning
ofJanuary11,hewillmostlikelybeparalyzedforlife.Ifhedeservedanypunishmentatall,he
hasalreadybeenpunishedenough.

As a result, I will not be seeking any charges against Jonathan Warner for attacking Security
OfficerWesleyGillespie.
CONCLUSION

Fortheforegoingreasons,IwillnotbeseekinganycriminalchargesagainstWesleyGillespieor
Jonathan Warner for the events that occurred at the Centra Lynchburg General Hospital on
January11,2016.

11