Police shooting will go to jury

SEATTLE – A three-judge panel of the United States Court of Appeals unanimously ruled in favor of the victim’s family in a wrongful death lawsuit against the Clark County Sheriff’s Department and two deputies. 

Previously, a federal trial judge, Judge Barbara Rothstein, denied the defendant’s motion to dismiss five causes of action in the lawsuit filed by the family of Kevin Peterson Jr., a 21- year-old black man. He was shot and killed by Clark County Sheriff’s Deputies when he ran away from them in October of 2020.

Clark County appealed the trial judge’s ruling to the Ninth Circuit Court of Appeals. 

In the unanimous opinion, the judges held that “…the government’s interest in the use of deadly force was limited because Peterson was not suspected of committing a violent crime and a jury could reasonably conclude that he posed no immediate threat to the officers or others.”  

Evidence “… suggests that he did not point the gun at anyone, say a word to the officers, make any harrowing gestures, or make any furtive or threatening movements towards the officers or the public.”

As a result of the ruling, all causes of action alleged in the lawsuit will go to the jury, including Wrongful Death, Negligence, and Excessive Force.

During an investigation into the shooting, the first deputy to shoot said Peterson wouldn’t stop running away, so he shot him. “I kinda just drew the line in the sand…. He continued to run. I started shooting.” 

During Deputy Anderson’s pretrial deposition, he admitted under oath that he was aiming for the center of Peterson’s back when he fired. 

“Detective Anderson shot between three and five rounds at Peterson’s back,” Judge Rothstein noted in her opinion. The Ninth Circuit held “Defendants were on notice that the force they used against Peterson was constitutionally excessive.”

Surveillance video confirms Peterson was shot as he ran away. 

After being shot, Peterson fell and raised his cell phone. He was using FaceTime on his iPhone with the mother of his child, Olivia Selto. Deputies fired additional rounds. In all, deputies fired 34 shots. Peterson died at the scene. 

Former Clark County Sheriff Chuck Atkins initially claimed publicly that Peterson shot at deputies, but this was disproven by a law enforcement investigation. There were also claims Peterson raised a gun after he was shot, but evidence showed the object was a cell phone.

“Sheriff Atkins should have issued a public apology and retraction after he learned that he wrongly claimed Peterson had shot at deputies” said Vancouver Attorney Angus Lee, who represents the Peterson family along with fellow Attorney Mark Lindquist. 

Lindquist and Lee, former elected prosecutors, said the family was grateful that both the trial judge and the Ninth Circuit Court of Appeals have ruled in their favor with strong language.  

“They want justice for their son and for the community,” Lindquist said. “They trust jurors will do the right thing. Clark County, unfortunately, has not.” 

Lindquist and Lee alleged in their briefing that Clark County has a “cavalier approach to shootings,” which the attorneys argued will “lead to future injuries and deaths.” 

The Peterson case, which triggered numerous protests, received extensive national and local media coverage when it occurred. Attention to the case has continued. One of the deputies, Jon Feller, subsequently shot and killed a fellow officer when he apparently mistook him for a suspect.

None of the officers involved in the controversial shootings have been disciplined.

“Clark County’s approval and ratification of wrongful shootings, and lack of institutional accountability, emboldens rogue deputies,” Lindquist and Lee wrote.

Shortly before the ruling, Clark County’s lead trial attorney, Andrew Cooley, abruptly withdrew from representation of Clark County on the case.

Trial will now be set for early 2025. 

“Clark County has been stalling accountability for several years. We expect it will take a verdict from a jury for the county to accept responsibility and make necessary reforms in the Sheriff’s Department,” said Lee. 

Angus Lee is a former elected prosecutor for Grant County, WA. He handles criminal defense and civil rights cases in Southwest Washington. Lee is a long-time advocate for body cameras and launched the first state-wide voter initiative for body cameras.