Odd, sad
Policeman cleared in killing
of man not necessarily dead

YUBA CITY (2/12/03) -- Police Officer Jason Cheney acted correctly when he shot and possibly killed a man who threatened him with what proved to be a toy gun, authorities have concluded.

The shooting occurred shortly after midnight Jan. 30 when Cheney went to investigate shouts heard in an area along the Feather River frequented by hobos.

As Cheney approached the unknown subject -- described as a white male with long brown hair and wearing dark pants and shirt -- allegedly pulled a replica .45-caliber handgun.

The officer "drew and fired three rapid shots. The subject turned and fled into the river, dropping the weapon," Sutter County District Attorney Carl Adams summarized in a report.

"Officer Cheney watched the person swim to approximately mid-river before going under the water," Adams said.

Sheriff's diving teams from Sutter and Yuba counties searched the river for the unknown without success for two days. He is presumed drowned, Yuba City police Lieutenant Bill Ollar said Wednesday.

It was never established whether the missing man was wounded, Ollar said.

In tandem investigations, police officials determined Cheney had complied with department shooting policies and the District Attorney's Office concluded no crime had been committed, Adams said.

Meanwhile, the unknown subject remains a mystery, with all efforts to identify him having failed, Ollar said.


"Pieces of the puzzle are missing," Ollar conceded, "but we went with the evidence we had.

"I know Officer Cheney must wonder whether the person is alive today, but that question may never be answered," Adams said.