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Local News 
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Everett police officers cleared in 2008 shooting death Shooting of armed Everett man a tragedy, prosecutor says, but not a crime EVERETT — The 2008 fatal shooting of a man by three Everett police officers is “unspeakably sad and tragic” but didn't amount to a crime, Snohomish County prosecutor Mark Roe said Friday.Roe concluded that Everett police officers Sunny Radosevich, Stephen Harney and Aaron Showalter were legally justified when they pulled their service weapons and shot Dustin Willard, 31, at his downtown Everett home. Willard had come to the door armed with a loaded 12-gauge shotgun. The officers all said they opened fire after Willard failed to heed commands to drop his gun and instead leveled the weapon in their direction. “When that shotgun was pointed towards them, they had a right to defend themselves, and a duty to defend each other,” Roe wrote in a letter to two detectives who led the investigation. The investigation also showed that Willard was a hardworking Everett resident. “He was not a criminal,” the prosecutor wrote. “Many people loved him, and will forever miss him. There is no reason to believe he even knew it was police who knocked at his door, or that he was thinking clearly.” Willard was highly intoxicated and his judgment was impaired. He was not the kind of man who would have pointed a gun at police if he had been thinking clearly, Roe wrote. What happened “was the heartbreaking product of that frequently deadly mixture of someone with alcohol-clouded judgment handling a firearm, not any kind of police misconduct,” he added. Roe met with Willard's family in December to discuss the investigation and answer their questions. The family in October filed a claim for damages with the city of Everett for up to $20 million, alleging the officers' actions were negligent and reckless. Angelo Calfo, a Seattle attorney who represents Willard's family, declined to comment Friday on Roe's decision. The Everett officers were summoned to Willard's home on Nov. 8, 2008, by a neighbor's 911 call. Willard had been out drinking with friends. He apparently was locked out of his house. He kicked the front door and then stumbled loudly through his back yard before forcing his way through the back door. Neighbors thought a burglar was breaking into Willard's home. The 911 call was placed at 1:45 a.m. The uniformed officers silently took up positions around the house and rang the doorbell, twice. Willard opened the door carrying a loaded shotgun. Three officers fired a total of 17 shots. Willard was hit four times and died just inside the door of his home, according to reports prepared by detectives with the Snohomish County Multiple Agency Response Team. The officers and Everett Fire Department paramedics unsuccessfully tried to revive Willard. The officers who shot Willard said they opened fire after he didn't immediately follow commands to drop the shotgun and pointed it at them. They said they were convinced he was about to kill them, documents show. Each of the officers was questioned by investigators after they reviewed their statements with an attorney, the detectives' report said. Progress on the case was slowed by a backlog at the state crime lab. Tests to determine which officer fired which bullet took nearly a year. “I know that the waiting has compounded the grief Mr. Willard's family feels, and it hasn't been easy for the officers either,” Roe acknowledged. Last year, Roe charged Everett police officer Troy Meade with first-degree manslaughter for the June 10 killing of Niles Meservey behind the Chuckwagon Inn on Evergreen Way. The shooting happened as Meade was trying to get the drunken man out of his car. Meservey's family also filed a claim against the city. They're demanding up to $15 million. Diana Hefley: 425-339-3463; hefley@heraldnet.com. |
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COMMENTS
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One needs not blame police as much as they need to blame those who summoned police through 911. I count 4 parties here...
1) the neighbor who called 911
2) 911 operator who fired up police
3) police, who fired 17 shots & missed 13 times
4) & the victim.
ALL OBVIOUSLY did not have a clue what was going on & killed an innocent man, by accident, but kill, they did.
a TERRIBLE ACCIDENT??? i think not! NO death is an accident. It is a failure of one or more of our "systems". I blame this death on ALL FOUR!
HOWEVER... none of it was illegal. It is the "perfect murder" as only Stephen King could imagine, yet it is real.
cme everett | Feb 7, 2010 10:03 pm | 1 replies | Request removal
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If you blame the police for actually doing their job and going home safe, move to China and see how much you like the police there.
1.)Primary party at fault here is the drunken guy handling a firearm.
2.)Are you really saying you don't want your neighbors to call 911 when someone breaks into your house? Idiotic. That's just dumb. Good luck to you and your valuables next time you go on vacation.
3.)Where in the story did it say the officers missed 13 times?
4.)Not a perfect murder. A legally sanctioned justifiable homicide of a man who set it in motion.
Seattle Expatriate | Feb 09, 2010 12:25 am | Request removal
To Meservey's Family, my heart goes out to you and your family.
But also the statement, TIME TO END THIS is not manslaughter.
To Dustin Willards family, I am sorry I did not step up sooner. For that I am truly sorry.
To both families, bump your damages to 100 million.
Tired Of Lies | Feb 8, 2010 12:04 pm | 0 replies | Request removal
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Although the death of Mr. Willard is tragic for all involved, a detailed and exhaustive investigation revealed exactly what happened. The police have a right to protect themselves. Perhaps a lesson learned here is not to handle firearms when drunk.
Mr. Magoo | Feb 6, 2010 11:27 am | 1 replies | Request removal
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lmao....
Tired Of Lies | Feb 08, 2010 10:27 am | Request removal
Anyone who points a gun at officers of the law deserve to be fired at. Just like the guy that was shot in south Everett. He was drunk and refused the order of the officers. He deserved to be shot also.
I guess it would have been acceptable if the police would have let him out on the roads drunk, so he could possibly kill or maime someone or an entire family. We need to respect our officers of the law more, they put their lives on the line everyday.
melody goad | Feb 6, 2010 12:36 pm | 2 replies | Request removal
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As for the case of the victim that your speaking of that officer was found guilty in his killing. There are certain situations where you are completely correct but in this case the situation could have been handled in a totally different manner
Carla Belgum | Feb 06, 2010 11:49 pm | Request removal
Carla, I beg to differ, that officer has not been found guilty of anything. Please pay attention!
PB | Feb 07, 2010 9:54 pm | Request removal
The few times, i have encountered police. they have been as professional as possible.
Linda Booth | Feb 6, 2010 8:32 am | 0 replies | Request removal
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17 shots does seem excessive though, this is a human being not sasquash
Greg Marcantonio | Feb 6, 2010 8:18 am | 1 replies | Request removal
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Obviously, you've not had to shoot in a hyperstressed situation when the very real possibility you are about to be killed. The police don't shoot to kill. They shoot to stop a threat. If it takes 17 shots, then it takes 17 shots.
John Schwartz | Feb 07, 2010 3:48 pm | Request removal
I am not here to agree or disagree with the police in this case feeling threatened it is there job to assess the situation and react they very well could have been justified in there action of shooting however there is no justification in shooting at a person 17 times if your an officer and you hear another officer shooting I dont beleive that should give you the idea that you should also fire as many times as you possibly can. These officers shot 17 times and hit the victim 4 times at the very least I feel these officers need to be retrained on the use of firearms.
Carla Belgum | Feb 7, 2010 12:05 am | 1 replies | Request removal
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Obviously, you've not had to shoot in a hyperstressed situation.
John Schwartz | Feb 07, 2010 3:41 pm | Request removal
We have lost a good live for ever, please let’s not forget Dustin, go to www.departedngone.com and Let The World Know we will miss him always.
(Departed N Gone)
warren kennedy | Feb 7, 2010 9:19 am | 0 replies | Request removal
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To the people who think 17 shots is excessive and that think these guys/gals need to be retrained in firearms...
Have you ever had a shotgun pointed at you? If you did and you believed your life was in danger, that there was a very real posibility you were not going home that night, how many rounds would you fire?
If you said one shot then you had better be Superman or very lucky. Otherwise you'll be leaving the scene horizontally in a van. What would I do? I would keep unloading my gun until I was sure he was down. In a life or death situation, you aren't going to be setting any personal records for accuracy with a firearm. This wasn't a climate controlled, well lit firing range where you have the luxury of a fixed target, a comfortable stance and all the time in the world to be accurate. We know it happened in the early morning hours so lighting probably wasn't ideal. They may or may not have had an unobstructed view of Mr. Willard. Mr. Willard may or may not have been staying still. Throw an incredible amount of stress in and it's easy to see why not all shots were hits. The guns these officers carry are semi autos, so it is very possible that all 17 rounds were fired in just a few seconds.
Jason O | Feb 7, 2010 1:42 am | 0 replies | Request removal
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Oh god... here come the Anti-Police squad... who probably don't have the balls to wear a uniform.
Jason O | Feb 6, 2010 7:27 am | 4 replies | Request removal
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You will notice in these "situations" the person is always pointing a gun at the police, unless there is another witness there. Even if caught red-handed on a video camera (like the Seattle cop who viciously beat that girl unnecessarily), they will say they "felt threatened", or that "their life was in danger". 17 shots shows total unprofessionalism and if they are that frightened and out of control they need another job. The "internal investigation" NEVER EVER finds anything wrong unless theri are other eye witnesses RIGHT THERE. A very good example is the case years ago where the Everett/Snohomish OCunty swat team shot that woman in the back of the head. They got off too, said they thought "she was going for a gun" and they were "in fear of their lives", she was trying to pick up her baby. They got off too.
Ed Peters | Feb 06, 2010 2:30 pm | Request removal
You need to get facts straight Ed. It was a King County Deputy, not a Seattle Police Officer that was on tape striking the young girl. Seems trivial, but if you can't get that right, why listen to the rest of what you have to say.
The Truth | Feb 06, 2010 3:52 pm | Request removal
You are right Jason, they will always criticize those who (unlike themselves) do have the courage to do a tough job.
It does give me hope however when I see the quality of complaints filed. Ed, not only were you wrong about the agency as was pointed out, the girl wasn't "viciously beaten". She was thrown to the wall/floor and then cuffed. A jury of YOUR peers couldn't even agree if the force was excessive. While I think it was excessive, another jury will likely make that determination. I don't know if 17 shots fired by multiple officers was unprofessional or not, since I wasn't there looking down that shotgun barrel. I don't know how many of the 17 shots even found their target. I guess Ed WAS there, because he seems to know and has already passed judgment.
Points Tofacts | Feb 06, 2010 5:21 pm | Request removal
First to points Tofacts We do know how many bullets hit the intended target it says right there in the story that he was hit four times. Even if he was only hit once 17 shots is excessive that is more than 5 shots per officer there is no reason for three different officers to have each shot that many times and if they were close enough to fear for their safety they should have been close enough to have hit the guy in their first or even second shot these are trained officers. No we werent there but as human beings we should be able to know the difference in self defense and murder. And the fact that this case took over a year to come to a decision while they officers more than likely were being paid the entire time is just and excessive. I am a huge supporter of the police and have family members that are and were police officers, I have no desire to do their job but still respect them 100 percent however they are human just like you and me and if they make a mistake they should be punished just as you or I would be.
Carla Belgum | Feb 06, 2010 11:45 pm | Request removal
17 shots? They're either terrible shots, or they shot this guy too many times.
R N | Feb 6, 2010 11:25 pm | 0 replies | Request removal
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Yes, of course. The <ahem> cops arrive and DEPRIVE another citizen of his life.
Understood.
Royal Scots Highlander | Feb 6, 2010 6:14 am | 3 replies | Request removal
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So, Royal Scots Highlander...
Just what would YOU do if a drunk aimed a loaded shotgun at you and wouldn't put it down?
Tony Laredo | Feb 06, 2010 8:40 am | Request removal
I agree, what you do?? "Oh I see you are highly intoxicated go ahead and shoot us" "We are sorry to intrude on you" It was tragic but the EPD had every right to shoot this guy. If you point a gun at someone you better expect to get one pointed at you.
Bill Mann | Feb 06, 2010 9:52 am | Request removal
royal scottshighlander I hope to god you dont ever need the help of the police. Because if you do I sure hope they take there sweet *** time getting there and I hope they are all rookies so that they will think about everyting they do because being on probation they dont want to loose there jobs so they will do things alot slower than a veteran officer which means you may loose your life to whatever criminal is attacking you and I hope it is a career criminal with alot of expericence at what he is doing.
m b | Feb 06, 2010 12:32 pm | Request removal