Deadly Fountain officer involved shooting ruled justified

The 4th Judicial District Attorney’s Office says a Fountain Police Officer was justified in using deadly force against a 17-year-old.

Officer John Kay responded to a report of a fight in the 700 block of Legend Oak Drive at 2:20 p.m. on September 24, 2015.

When Kay arrived, he was waved into the home by the woman who lives there, Elizabeth Alvar.

Alvar led Kay to a bathroom. When she opened the door her son, Patrick O’Grady, was standing in the room.

The DA’s office says that O’Grady then grabbed a gun from the counter and pointed it at Kay, at which time Kay shot O’Grady once. O’Grady died at the hospital.

The DA’s Office says O’Grady was a runaway who returned home on the day he was shot to take a shower before leaving the state. It says O’Grady and another juvenile kicked in the front door of his parents’ home and were gathering items to steal.

Alvar confronted the other juvenile as he was trying to steal a motorcycle from the garage. That juvenile ran off. Alvar then called police.

The DA’s office says the loaded gun that was found in the bathroom near O’Grady after the shooting had his DNA on it.

Kay was wearing a body camera, but it was not recording.

Because Kay’s actions were ruled justified, he will not face charges.