By Sharyn L. Decker
Lewis County Sirens news reporter
CHEHALIS – An attorney representing the family of a 33-year-old Napavine man fatally shot by a sheriff’s deputy last year filed a claim for as much as $10 million saying despite the fact backup was mere seconds away, the deputy made a reckless decision to engage in an unnecessary confrontation.
Steven V. Petersen
“Steven V. Petersen was unarmed, standing in the middle of an intersection when he was gunned down by Lewis County Sheriff’s Officer Matthew McKnight,” Tacoma lawyer John R. Connelly Jr. wrote. “McKnight’s ‘shoot first and ask questions later’ approach to law enforcement that night, had devastating consequences for the decedent and his family.”
Connelly called it a clear cut civil rights case, noting his intent to file a complaint in federal court.
It happened on June 20 in Napavine, when police and deputies responded to an approximately 2 a.m. call that Petersen left stab holes in the door of his ex-girlfriend’s mobile home while trying to get inside and then left on foot.
Deputy McKnight found Petersen a few blocks away, and after Petersen refused to take his hand out of his pocket and began to charge McKnight, the deputy fired four shots, according to the account given by local authorities. The dead man had no knife.
Lewis County Prosecutor Jonathan Meyer concluded McKnight’s use of deadly force was justified, based on an investigation conducted by outside law enforcement officers. McKnight was also cleared by an internal review at the sheriff’s office.
The Tacoma attorney’s tort claim against the county was rejected last week by the group that provides Lewis County with liability insurance, Washington Counties Risk Pool.
Sarah S. Mack, the attorney representing the risk pool and the county, said the deputy’s use of force was reasonable, in her May 31 denial letter to Connelly.
“Indeed, there is no doubt that Deputy McKnight made the decision to use lethal force out of an objective fear for his own safety and the safety of those around him,” Mack wrote.
The tort claim was filed with the county in early April, offering to discuss a resolution, but noting the intent was to file a lawsuit in U.S. District Court at the end of a 60-day period imposed by statute.
One of the four lawyers representing the Petersen family said yesterday they intend to file within a couple of weeks.
The attorneys represent Petersen’s father, Steven O. Petersen and his 10-year-old son Lars V. Petersen. The senior Petersen and his wife now have legal guardianship of the boy. The younger Petersen’s wife died just weeks before he did.
The attorney, Julie Kays who works with Connelly, said the child struggles daily with the loss of a dad he dearly loved.
He was a good dad, she said, always there at his son’s games.
“I can tell you this, when grandpa reached out, his objective on behalf of himself, Steven and his young grandson is to make sure the truth comes out,” Kays said yesterday. “Our firm is committed to conducting a thorough investigation of this matter.”
Kays said the facts that have so far been made public are based on “the word of one officer, the one who shot and killed an unarmed man from a distance away.”
The firm, Connelly Law Offices in Tacoma, is working the case with Chehalis attorneys Dave Jones and J. Vander Stoep, of Vander Stoep, Remund, Blinks and Jones.
They’ve retained a retired King County Sheriff’s Department major crimes detective who spent the majority of 28 years investigating homicides, including officer-involved shootings, Kays said.
In the narrative in the tort claim, the Petersens’ attorney writes that back up units were each roughly 30 seconds to one minute away from McKnight’s location at the intersection of West Vine Street and Second Avenue, but McKnight did not wait for them.
West Vine Street and Second Avenue, Napavine
McKnight had turned his patrol car around and driven toward Petersen who was walking in the middle of a deserted street,” he wrote. “Steven did not run or hide.”
“Officer McKnight immediately got out of his car, stood in the “V” of the open door, pulled out his firearm and pointed it directly at Steven.
“McKnight made no request for backup, and made absolutely no effort to calmly interact with Steven.
“Instead he pointed a firearm at Steven and within less than 30 second(s) shot and killed him.”
The Petersens’ attorney claims Petersen was standing well over 20 feet away. The county’s attorney states Petersen was less than 20 feet away.
Mack, the county’s attorney, includes that when the deputy ordered Petersen to the ground, Petersen responded with something to the effect of, “It ain’t gonna happen buddy.”
“Deputy McKnight then saw Mr. Petersen’s body posture change, saw him flex his shoulders and come forward, beginning to advance on the deputy,” Mack wrote in her response.
The Petersens’ claim summarizes that it was a confrontation with an unarmed man who posed no threat and was recklessly created by the deputy.
“Officer McKnight’s poor decision making, inexperience, lack of training and lack of sound judgement resulted in his unlawful use of excessive force against Steven,” Connelly wrote.
McKnight, 27, had been with the sheriff’s office a little more than four years. Sheriff Steve Mansfield said at the time he was one of the younger officers they’d hired, and he thought it was McKnight’s first law enforcement job.
Kays said the people of Lewis County have a stake in law enforcement officers having proper training, proper supervision and making appropriate decision in the field when using deadly force.
“That’s what our investigation is going to focus on and review,” she said.
She just finished a trial last week in federal court in which their firm won a $1 million jury verdict in a case about excessive police force.
The case was Ostling v. the city of Bainbridge Island, and the jury found the city failed to train officers how to deal with mentally ill individuals, she said.
The county is represented by the Seattle law firm of Patterson, Buchanan, Fobes, Leitch and Kalzer.
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For background, read “Details emerge in Napavine officer-involved shooting” from Saturday July 2, 2011, here
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