PRESTONSBURG — A Kentucky State Police trooper was cleared of any wrongdoing Wednesday in the shooting death of 44-year old Jeff Jones earlier this year in the David area of Floyd County.

A grand jury returned a no true bill, or no indictment, in the case, saying that under the circumstances he faced that day, Trooper Chris Hicks was justified in using deadly force to protect a fellow officer.

The grand jury also said they were provided with a comprehensive investigation report from KSP, witness statements, photographs, scene diagrams and videotaped footage from a police cruiser that corroborated witness accounts.

On May 26, 2006, KSP Post 9 in Pikeville received a call reporting that a man was waving a gun and threatening to kill everyone who was at the Beverly Ann Coal Tipple on Route 404 in David. Trooper Hicks was dispatched to the scene with Kentucky Vehicle Enforcement Officer Tommy Gearheart and as they arrived they began to pursue Jones, who had fled the scene in a Dodge van.

During the chase Jones lost control of the van and crashed into a creek after going over an embankment and fired once at the officers as they approached the wrecked vehicle.

After exiting his vehicle, Jones walked across the creek into a field and made his way toward several homes. The officers followed on the opposite side of the creek, continually conversing with Jones and directing him to drop his weapon, which he refused to do. Eventually Jones made his way near some gravel driveways in a residential area and was confronted by several police officers, all the while pointing his gun at the officers and civilians who had come out to see what was going on.

Kentucky Vehicle Enforcement Officer Dennis Hutchinson stood in front of Jones and Hicks positioned himself behind Jones, in addition to several other officers who had arrived and had their weapons drawn and pointed at him. Hicks continued to order Jones to drop his weapon, and when Jones began to raise his gun, Hicks fired one round at him, killing him.

The grand jury reported that all of the evidence presented to them corroborates the eyewitness accounts. The pistol Jones had was found lying near his body and was loaded and cocked at the time he was shot.