Watch Bismarck North Dakota Police Stop Fleeing Driver who Struck Officer with SUV

By Brad Nygaard

Source The Bismarck Tribune, N.D.

Body camera and surveillance footage released Tuesday show a Bismarck police officer shot and killed a woman after she refused repeated commands to exit her vehicle then struck another officer with her SUV while attempting to flee.

Bismarck police held a news conference a day after Burleigh County State's Attorney Julie Lawyer issued a statement following an investigation by the North Dakota Bureau of Criminal Investigation. That statement indicated that Lawyer's office would not be filing any charges against officer Nathan Anderson.

Anderson, a six-year-veteran with the department, is identified as the officer who fired at Melanie Udell after she struck officer Matthew James with her vehicle in a parking lot at approximately 12:15 p.m. on March 7.

The strike sent James several feet over a snow bank and into a fence on the south side of property belonging to Missio Church in the 1100 block of South 12th Street.

Bismarck Police Chief Dave Draovitch said Anderson fired 11 rounds.

Video captured by a surveillance camera at the church shows James approaching Udell's vehicle while Anderson speaks to a bystander, who had apparently alerted law enforcement after observing Udell driving erratically. That witness, according to audio and video captured by Anderson's body worn camera, was concerned Udell might strike him or his son with her vehicle.

The identities of both Udell and the witness were concealed in the video shown during Tuesday’s news conference and later released to media outlets.

Video and audio from James’ body-worn camera show him telling Udell he smells marijuana and asking if she has been smoking. She replies, “No,” and says others in the vehicle may have been. James then opens the driver’s side door and tells Udell to exit the vehicle. She responds, “No,” starts the Chevy SUV and reverses away from him.

"Turn off the car, turn off the car," Anderson says.

That initial reversal nearly caused Udell's vehicle to strike Anderson and the witness, but both managed to get out of the way.

The video from James' body camera then shows Udell driving forward and striking the officer, who is able to back away. Following that, Anderson enters the frame and both officers issue repeated commends to Udell, telling her to "get out of the car."

After replying "No," Udell backs up again, and the video shows her vehicle stopping momentarily before accelerating toward James and hitting him.

Video captured by the church shows James being launched into the air over a snow bank. Immediately after impact, he can be heard groaning in pain. His camera recorded the sound of shots being fired, and he alerts dispatch that shots were fired as Anderson repeatedly yells, “Show me your hands,” at Udell, who remained inside her vehicle, which had come to rest on the snow bank.

Video from Anderson’s camera shows James being thrown several feet over the snow bank before coming to rest against a chain-link fence. Anderson opens fire on Udell’s vehicle almost immediately.

The elapsed time from James opening Udell's car door until Anderson ceased firing is less than 29 seconds.

Following the incident, Anderson was placed on administrative leave pending the external investigation by the BCI, which is standard practice in shootings involving officers. Draovitch said the department's internal review determined the officers acted properly and that Anderson would be returned to full duty status, effective later this week.

Lawyer’s statement, issued Monday after her office reviewed the BCI’s report, said Anderson’s use of deadly force was justified.

James was also placed on administrative leave and has not yet returned to full duty, according to Draovitch, who said Tuesday that James, an 11-year veteran, still needed surgery on a knee injured when Udell’s vehicle struck him. No date for James’ return to full duty was announced.

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