WALLACE — Shoshone County Prosecuting Attorney Ben Allen has determined that two law enforcement officers acted lawfully when they fatally shot John Drake in December at the Shoshone County Public Safety Building. 

In an April 24 letter to Coeur d’Alene Police Detective David Kelley and Idaho State Police Detective Leslie Lehman, Allen concluded that Coeur d’Alene Police Officer Bryan Baker and Kootenai County Sheriff’s Deputy John Novak were justified in using deadly force after Drake carried out an assault that placed civilians and officers in immediate danger. 

The incident began Dec. 26 when the 77-year-old Drake, armed with multiple firearms, entered the public safety building, which houses the sheriff’s office, dispatch center and jail. Dispatchers witnessed Drake fire a weapon inside the building, forcing them to retreat and use emergency procedures to request help, according to the letter. 

Drake then moved outside and fired at vehicles and buildings, striking two civilians, prompting an exchange of gunfire before he retreated inside and barricaded himself in a visiting room. 

For about an hour, Drake remained inside the building as additional agencies arrived and a SWAT team staged outside. Surveillance video showed Drake moving around the visiting room, blocking the door and manipulating his firearm. 

When Drake later exited the building, he was holding a pistol “with the muzzle facing forward in a ready position for fire,” Allen wrote. Baker, positioned near a SWAT vehicle, and Novak, stationed in the turret, fired at Drake. He fell to the ground, and officers later used a police dog to pull him away from the weapon as a precaution. 

A medical examiner determined Drake had been shot three times and died from those injuries. 

Allen wrote that the officers’ actions met both constitutional standards and Idaho law regarding the use of deadly force, noting they had probable cause to believe Drake posed “a significant threat of death or serious physical injury.” 

After reviewing the evidence, Allen concluded that Baker and Novak “acted reasonably, appropriately, and most important, lawfully,” and that “neither Officer Baker nor Deputy Novak committed a crime in this matter.” 

The determination clears both officers of any criminal liability in Drake’s death. 

    A SWAT vehicle parked outside of the Shoshone County Sheriff's Office that was used to end a December standoff between law enforcement and resident John Drake.