A judge has determined that a Layton man shot and wounded by police is incompetent to stand trial in connection with a March episode of domestic violence that included shooting his live-in girlfriend in the leg.
Brian Lane Harris, 23, is charged in 2nd District Court with second-degree felony discharge of a firearm, aggravated assault and obstructing justice, both third-degree felonies, and misdemeanor charges of failure to stop at command of law enforcement, domestic violence in the presence of a child and obstruction of justice.
Harris will be sent to the Utah State Hospital for treatment. A review hearing is set for August 2013 before Judge Robert Dale.
Authorities allege that Harris shot Kayla Lane, 22, in the leg in front of their two young children just before police shot him on March 21.
The incident started about 9:40 p.m. when police received a call reporting a woman was screaming loudly in one of the residences at the Quail Ridge Mobile Home Park. As officers headed to the scene, police learned a car had sped away, it appeared the mobile home's door had been kicked in, and the man appeared to be throwing things outside.
Officers set up a perimeter and learned the woman was at a hospital receiving treatment for a gunshot wound. They also learned that the couple's two children, 1 and 3, were still inside the home with Harris.
The officers called Harris out from his home, and he exited carrying no weapons. But he then turned to re-enter the home, police said. One officer shot a Taser at Harris twice, but it didn't stop him. At that point, fearing for the safety of the children inside and wanting to prevent Harris from accessing a weapon, Layton Officer John Lynch fired several rounds from a handgun, police said.
In June, the Davis County Attorney's Office announced it had determined Lynch was justified in shooting Harris.