In the years prior to 2004 there was a revolving door in district court involving Gover's run ins with the law. He was hit time and again with multiple sentences which included restitution, and in some cases community service, that would end in bench warrants being served against Gover for failing to make payments or complete court-ordered community service.

At one such hearing in April 1998, Gover's roommate had to appear on his behalf at a court hearing to let the judge know Gover couldn't make it because he was in jail and was likely going to be there for a year.

His criminal history, however, wasn't available to Childress and Werner when they confronted Gover in the yard. All they knew at that moment where they made the shoot - no shoot decision was that Gover had assaulted a woman, had threatened to kill her repeatedly, and when they approached him he told them they would have to kill him, that he was armed, possibly with a deadly weapon, he took a threatening posture and began approaching them, ignoring deputies' commands as he advanced on them.

"This is another one of those instances that put our deputies in the decision to make a life or death decision. If anybody thinks the deputies want to make that decision, they are severely wrong," Knezovich said.