Officers justifiably killed Shoshone County Sheriff's Office shooter last year, prosecutor concludes

May 1-A North Idaho prosecutor ruled last month the two officers who killed a Mullan man after he fired multiple shots inside and outside of a sheriff's office in Wallace last year were justified in their actions.

Shoshone County Prosecuting Attorney Benjamin Allen wrote to investigators in an April 24 use-of-force review letter that Coeur d'Alene police Officer Bryan Baker and Kootenai County Sheriff's Office Deputy John Novak were within their right to use deadly force to stop 77-year-old John Drake when he opened fire inside the Shoshone County Sheriff's Office lobby on Dec. 26. Drake entered the lobby with multiple weapons and began firing, forcing staff and dispatchers to retreat inside the facility and call for help.

The shooting prompted a massive police response from agencies across Idaho, Spokane and Montana.

After Drake opened fire in the lobby, he left the building and began shooting at civilians, the letter states. Two women were both shot in the leg and taken to a nearby hospital for treatment.

When law enforcement began to approach Drake, he retreated into the office lobby and waited. Police were able to gain access into the lobby through a garage when Drake emerged from the visiting room and began shooting at them, according to the letter.

The shots shattered glass and injured one officer before responding law enforcement backed away, because they could not see the origin of the gunshots.

Drake remained barricaded inside the facility for more than an hour as law enforcement set up a perimeter and watched his movements on surveillance video. When a SWAT vehicle pulled up to the front of the building, Drake emerged with a pistol in a firing position, the letter states. Novak and Baker, who were set up near the SWAT vehicle, shot and killed Drake. He was shot three times and died at the scene, according to the letter.

The justification of deadly force is evaluated under state law and the landmark U.S. Supreme Court case of Graham vs. Connor, a ruling that determined officers' actions must be considered "reasonable" in the circumstance that force was used. This is most often applied when officers believe a person is posing an immediate threat to their lives or others.

Idaho law also states homicide is justified when a suspect's resistance poses a serious threat to law enforcement or civilians. Allen wrote that under both these analyses, Novak and Baker did not err in killing Drake, because they only used force when "Drake emerged as an active threat to their safety or the safety of others."

The Spokesman-Review spoke with one of Drake's friends last year, who believes Drake had something akin to a mental break from his time serving in the Vietnam War.

"The only thing he ever said about it was, 'Don't ask,' " his friend James Zingler said. "Don't ask about the war."

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This story was originally published May 1, 2026 at 7:09 PM.