Officers No Billed in Fatal Upshur County Shooting

GILMER- The Upshur County Grand Jury has cleared two officers in a fatal shooting in early January. State Trooper John Smith III and sheriff’s deputy Alex Ortiz, shot and killed Dale Hightower Jr., 53, of Gilmer. Hightower had assaulted his girlfriend and was holding her against her will. He was shot after pointing a rifle at the officers and ignored multiple commands to drop his weapon. Video and audio evidence showed that both officers yelled and identified themselves. Next, the officers could be heard yelling for Hightower to put down his gun and not shoot. When Hightower took a defensive position and raised his rifle at the officers, he was shot five times.

Hightower’s gun was found to be loaded with a live round in the chamber, and an additional clip was found in his pocket. His girlfriend told officers Hightower said he would shoot anyone that came on his property. She showed injuries consistent with being assaulted.