Deputy Not to Face Charges After Shooting, Killing Man During Con­stantia Standoff

The Oswego County sheriff's deputy who shot and killed a man during a standoff in Constantia earlier this month will not face charges. New York state police said David Schwalm repeatedly ignored Deputy Mark Walton's calls to put his shotgun down and he then pointed it at the deputy. Iris St. Meran has the details of the investigation.

OSWEGO, N.Y. -- A deadly standoff at a Constantia home began with a phone call to an agency in a neighboring county.

"The situation began at approximately 11 a.m. on May 8 when a despondent male contacted the Onondaga County Medical Examiner's office and expressed desire to end his life," said New York State Police Major Francis Coots.

Coots said one of his methods could cause potential harm to others. He wouldn't give his name at first, but the investigator kept him on the phone long enough to learn his name, phone number and that information was referred to the Oswego County Sheriff's Office.

The sheriff's office searched their database and found David Schwalm had a similar incident in 2007. Several officers responded to Schwalm’s Auringer Road home.

They made contact by phone twice and he eventually came outside without their knowledge at first carrying a garbage bag, shovel and a shotgun.

"[Deputy Mark Walton] ordered Mr. Schwalm to drop what he had in his hands and to raise them and to surrender.  He advised him to do this several times, Mr. Schwalm refused, he dropped the bag, levied a long gun at Deputy Walton and it was at that time that Deputy Walton discharged five rounds," said Coots.

Schwalm was hit three times and was about 49 feet from Walton at the time. He died at the scene. Sheriff Reuel Todd says this is the first time an Oswego County deputy has had to fire at a person in his 42 years.

The state police were asked to conduct a criminal investigation. A grand jury reviewed their findings on Thursday.

"A grand jury report was filed in Oswego County Court voting a no bill in this case indicating that no criminal charges apply in this case," said Oswego County District Attorney Gregory Oakes.