SIDNEY — A Shelby County grand jury voted Thursday not to indict Sidney Police Officers Jason Viapiano, Andrew Shappie and Aaron Wesbecher and Sidney Police Sgt. Chris Burmeister in an officer-involved fatal shooting at Sidney Foodtown on Wapakoneta Avenue on Dec. 21, 2022.
The Ohio Bureau of Criminal Investigations (BCI) was asked to conduct the investigation as is standard in officer-involved incidents of this nature. They collected evidence on the scene on the day of the shooting and conducted witness interviews, and presented their findings to the grand jury.
Shelby County Prosecutor Tim Sell instructed the jury on use of force standards for peace officers, and what constitutes “reasonable” action in the case of this type of threat.
At the time of the incident, officers responded to reports that an active shooter, later identified as 53-year-old Todd Jordan, of Sidney, had reportedly fired one shot from his vehicle and three shots inside the Sidney Foodtown establishment, endangering employees and patrons.
Officer body camera video and store surveillance footage of the incident show Jordan refusing to follow officers’ repeated commands to keep his hands up and get on the floor, but instead, reaching for and pulling a handgun from his side and raising it toward officers, at which point all four officers engaged the threat and fired at Jordan.
Jordan was then taken to Wilson Health where he was pronounced deceased. No other persons were injured during the incident, and officers were placed on leave pending the investigation. All four officers have since returned to work
“Our office concurs with the BCI findings in this investigation,” said Sell. “The grand jury, who acts as an independent review for potential criminal charges, and in essence, the conscience of the community, felt that, based on BCI findings, officers involved in this incident acted reasonably in neutralizing the threat posed by the deceased.”
“We regret the loss of life, but this is a situation where officers really had no choice but to take action to protect the intended victim and the public,” said Sell.
