Boise’s police chief will NOT be charged after was accused of breaking fellow officer’s neck

The police chief of Boise, Idaho, will not be charged after a fellow officer accused him of breaking his neck by grabbing him and demonstrating hold techniques without a warning.

Boise Police Chief Ryan Lee had faced an investigation into the use of excessive force after demonstrating an unorthodox neck hold on Sgt. Kirk Rush during a staff meeting last October.

In a tort claim, Rush said that Lee grabbed the back of his neck without warning, and then slapped him in the forehead, whipping his head back and damaging his neck vertebrae, ultimately requiring surgical repair.

But in a statement last week, Clearwater County prosecutor Clayne Tyler said that he recommended against criminal charges in the case, saying: ‘I believe this investigation has been taken as far as possible.’

Sgt. Kirk Rush (left) said that Lee grabbed the back of his neck without warning, and then slapped him in the forehead, whipping his head back and damaging his neck vertebrae

Records obtained by the Idaho Statesman showed Tyler told officials that while he felt there was probable cause to support charging Lee with felony battery, he wasn’t sure he could prove the crime in court.

‘This decision was not reached lightly nor without angst, as it truly is a close call,’ Tyler wrote in a letter to the Idaho State Police, Mayor Lauren McLean, and Ada County prosecutor Jan Bennetts.

Clearwater County prosecutor Clayne Tyler recommended against criminal charges

‘I will note that this was a very difficult decision,’ Tyler wrote, noting that he would reopen the case if further evidence becomes available.

Tyler’s letter said that a medical examination of Rush’s injuries was inconclusive about the amount of force used and that the type of injury he sustained can ‘manifest with slight force or at times even without any identifiable traumatic event.’

Boise Police spokesperson Haley Williams declined to comment, and Lee declined to be interviewed.

Lee’s attorney Chuck Peterson previously said that Rush’s claims are ‘completely untrue.’

In April, Rush filed a tort claim against the city and Boise Police, saying Lee caused him ‘serious and significant injuries.’ 

Under Idaho law, individuals who wish to sue government agencies must first file torts and allow the agency to respond. 

Lee (center) was appointed Boise’s chief of police in 2020, after serving for 20 years in Portland, Oregon, where he climbed the ranks from patrol officer to assistant chief

Through his attorney, Lee (left) previously denied the allegations as ‘completely untrue’

According to the claim, the incident unfolded on October 12, 2021, during morning roll call, while Rush was acting as a watch commander and delivering the daily briefing.

After Rush turned over the briefing to Chief Lee and sat down, Lee began discussing neck restraints, and according to the complaint, shouted, ‘Hey Rush, get up here.’

When Rush got back up to the front of the room, Lee grabbed the back of his neck and forced him to bend over, walking him around the room and taunting him to try to stand back up, the tort states.

After Lee released the hold, Rush stood back up and Lee ‘immediately’ struck him in the forehead and forced him toward the ground, the complaint states, adding that Rush’s neck ‘hyperextended backwards and audibly cracked.’

Rush then returned to his seat for the briefing, but says that subsequent medical examination found multiple bulging disks in his neck and a ‘possible C5 anterior process avulsion fracture.’

The injured sergeant required surgery in January 2022 to repair the neck injuries, the tort says. 

Rush is a 17-year veteran of the BPD currently assigned to the K9 unit. 

Lee was appointed Boise’s chief of police in 2020, after serving for 20 years in Portland, Oregon, where he climbed the ranks from patrol officer to assistant chief.