Sheriff's disturbing comments caught on body cam

Body camera video from the aftermath of a deadly officer-involved shooting has raised new questions about what happen...

Posted: Feb 8, 2018 7:02 AM
Updated: Feb 8, 2018 7:02 AM

Body camera video from the aftermath of a deadly officer-involved shooting has raised new questions about what happened.

Video obtained by NewsChannel 5 Investigates shows the White County Sheriff discussing his order to use deadly force with another deputy.

Sheriff Oddie Shoupe did not realize he was being recorded after the shooting by a body camera that another deputy put in the back of a patrol car.

What it caught the sheriff saying is now at the center of a federal lawsuit.

Last April, Smithville Police attempted to pull over Michael Dial for driving on a suspended license.

He was driving a 1976 pickup and towing a fully loaded trailer.

The slow speed chase started in DeKalb County before moving into neighboring White County.

Robyn Dial can't believe how quickly things escalated, and that her husband is gone.

"Why didn't he stop?" Dial asked. "He was scared. I know him enough to know that."

"When I wake up every day and he's not there, it's like going through it all over again," Dial said.

The chase never reached high speeds.

DeKalb County deputies later told the TBI it was more like a funeral procession.

The TBI Investigator asked, "How fast do you think it got up to?

Dekalb County Detective Jimmy Martin responded, "We might have got up to 50 at one point. For the most part it was 30 to 40 miles per hour.

Dekalb deputies backed off at the county line, and White County took over.

Their deputies tried to stop Dial using their patrol cars.

Reserve Deputy Adam West got involved -- driving his personal pick-up.

Sheriff Oddie Shoupe was not involved in the chase, but he gave orders to the radio dispatcher authorizing deputies to shoot Dial.

The radio dispatcher said, "Per 59 (the sheriff) use deadly force if necessary. Take the subject out by any means necessary."

After that order, Deputy West took out his gun.

They were on Highway 111 with few cars in sight.

Minutes later deputies pushed Dial's truck off the road.

West got out of his truck and immediately opened fire.

Officer Charlie Simms also started shooting.

Dial was struck in the head.

He was unarmed.

The video is hard for Robyn Dial to understand.

"I feel with every part of me that's exactly what they wanted to do was kill him."

Dial's lawsuit focuses on what the sheriff said after the shooting to another deputy, on that body camera they didn't know was on.

Sheriff Shoupe: "I told em, I said take him out."

Deputy: "I heard."

Sheriff Shoupe: "Da**, I don't give a sh**."

Deputy: "It wasn't long after that I heard 'shots fired.'"

Dial is suing White County, the Sheriff, Deputy West and Sparta Officer Simms claiming they used excessive force.

The lawsuit claims Sheriff Shoupe "preferred to shoot and kill Mr. Dial rather than risk damaging his patrol cars."

Sheriff Shoupe: "They said 'we're ramming him.' I said, 'Don't ram him shoot him.' Fu** that sh**. Ain't gonna tear up my cars."

"If they don't think I'll give the da** order to kill that motherfu** they're full of sh**. (Laughter) Take him out. I'm here on the da** wrong end of the county," Shoupe said on the body camera.

He seemed upset he was not there when the shooting happened.

"I love this sh**. God I tell you what, I thrive on it."

Attorney David Weissman said there was no reason to shoot Mr. Dial.

"I don't know how you can thrive on taking a human life. That's not law enforcement," Weissman said.

He said the sheriff's comments prove he was more concerned with his patrol cars than Dial's life.

"If that's the mentality of the highest policy maker in the county, that's scary," Weissman said.

The District Attorney ruled the shooting justified.

But immediately afterward, Deputy West was clearly upset.

Sheriff Shoupe comforted West by telling him he did exactly as he was ordered.

"You don't have to worry about this. I made the decision. You don't have to worry about it. I took that away from y'all. You don't have to worry about nothing. Everything's cool. You done exactly right," the sheriff said.

Robyn Dial will never believe her husband needed to die.

"They could have let him go ten more miles down the road, he probably would have run out of gas... I just hope he knows I loved him," Dial said.

District Attorney Bryant Dunaway is standing by his ruling that the shooting was justified.

He admitted he had not heard the sheriff's comments on the body camera when he first made that ruling.

Sheriff Shoupe declined to comment on the story.

District Attorney Dunaway put out a new release after the shooting -- but before he had seen the sheriff's comments on the body camera that stated in part:

"Dial's truck drove down an embankment on the right side of Highway 111 and then began to drive back up to the grass hill toward the highway and toward the Sparta Police Officer's vehicle."

It concludes, "It is clear from the circumstances that Mr. Dial was a dangerous and unstable subject" who posed a risk to law enforcement and to other citizens.

Minnesota Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 142311

Reported Deaths: 2472
CountyConfirmedDeaths
Hennepin35484995
Ramsey14726372
Dakota10271139
Anoka9344155
Washington636273
Stearns625550
Scott360436
Olmsted340230
St. Louis325874
Wright273116
Clay252944
Nobles234318
Blue Earth21147
Carver18887
Sherburne183122
Kandiyohi18215
Rice170210
Mower154518
Winona133619
Chisago11562
Crow Wing114322
Benton103311
Lyon10306
Beltrami9618
Otter Tail9508
Waseca94510
Todd8967
Polk8364
Morrison8259
Steele8013
Itasca78817
Douglas7744
Nicollet77118
Freeborn7185
Le Sueur6646
Goodhue65111
Martin62618
Becker6214
McLeod6214
Isanti5995
Watonwan5824
Pine5770
Carlton5092
Chippewa4733
Mille Lacs44918
Hubbard4344
Cass4225
Wabasha4141
Dodge4130
Pipestone36617
Meeker3593
Rock3595
Brown3483
Roseau3300
Redwood29912
Yellow Medicine2986
Murray2973
Cottonwood2950
Fillmore2770
Renville27213
Sibley2663
Wadena2643
Faribault2520
Houston2381
Unassigned23853
Kanabec23710
Swift2252
Jackson2211
Pennington2181
Aitkin1982
Stevens1941
Lincoln1930
Koochiching1755
Pope1680
Big Stone1591
Marshall1511
Lac qui Parle1453
Wilkin1454
Clearwater1381
Norman1340
Lake1330
Mahnomen1292
Grant1054
Red Lake822
Traverse590
Kittson530
Lake of the Woods441
Cook190

Iowa Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 122218

Reported Deaths: 1691
CountyConfirmedDeaths
Polk19732289
Woodbury743799
Linn6038133
Johnson602431
Black Hawk5974102
Dubuque550658
Scott487343
Story411118
Dallas357347
Pottawattamie337845
Sioux254417
Buena Vista230212
Marshall212236
Webster196015
Plymouth172831
Wapello158962
Clinton156228
Muscatine153958
Des Moines151611
Cerro Gordo150227
Crawford138714
Warren13137
Carroll120413
Jasper119734
Henry11245
Marion106811
Lee101312
Tama100538
Delaware82713
Dickinson7939
Wright7591
Boone7509
Mahaska73824
Bremer7199
Harrison69716
Washington69311
Jackson6853
Benton6482
Lyon5688
Clay5574
Louisa54415
Winnebago52119
Cedar5087
Winneshiek5079
Hardin5017
Jones5004
Kossuth4970
Clayton4923
Buchanan4875
Hamilton4825
Poweshiek47611
Floyd46211
Emmet45321
Iowa4429
Cass4233
Mills4233
Guthrie42015
Page4200
Cherokee4122
Sac4114
Butler4083
Fayette4064
Shelby4022
Allamakee3999
Franklin39518
Madison3743
Chickasaw3731
Hancock3676
Humboldt3593
Clarke3573
Grundy3406
Palo Alto3292
Calhoun3264
Osceola3020
Mitchell2961
Howard2879
Monroe27212
Union2645
Taylor2602
Jefferson2591
Appanoose2503
Monona2492
Pocahontas2442
Fremont2152
Lucas2136
Ida2122
Adair1971
Greene1930
Montgomery1907
Davis1884
Van Buren1882
Keokuk1731
Decatur1620
Audubon1601
Worth1470
Wayne1373
Ringgold992
Adams841
Unassigned60
Rochester
Clear
34° wxIcon
Hi: 45° Lo: 32°
Feels Like: 27°
Mason City
Clear
35° wxIcon
Hi: 44° Lo: 34°
Feels Like: 28°
Albert Lea
Clear
37° wxIcon
Hi: 46° Lo: 35°
Feels Like: 31°
Austin
Clear
36° wxIcon
Hi: 46° Lo: 34°
Feels Like: 36°
Charles City
Clear
36° wxIcon
Hi: 45° Lo: 33°
Feels Like: 29°
Tracking a breezy weekend
KIMT Radar
KIMT Eye in the sky

Latest Video

Image

Have you mailed in your absentee ballot?

Image

Biden supporters gather ahead of Pres. Trump campaign rally

Image

Socially distanced lounge opens up in Rochester

Image

Traffic expected for President Trump's rally

Image

Biden rally in Des Moines

Image

President Trump to speak at RST

Image

Shooting At Rochester Apartment

Image

Businessman Mike Lindell To Speak at Trump Rally

Image

Clear Lake's drive-thru trick or treat

Image

Midday Live Toss

Community Events