Prosecutors allege that Kevin Diltz led police on a high-speed pursuit last month before he opened fire on the officer in north Everett. Diltz reportedly was running when he turned around and without warning started firing a handgun. He was about 100 feet from the officer, court papers said.
Later, investigators determined that three bullets struck the street about 20 feet in front of where the officer had been. Detectives recovered three 9mm casings in the area where Diltz was seen firing the gun, court papers said.
The shots likely fell short because the officer was uphill from Diltz, Snohomish County deputy prosecutor Cindy Larsen wrote.
Larsen late last week charged Diltz with first-degree assault with a firearm and attempting to elude police. The deputy prosecutor alleges that the crimes were particularly egregious because Diltz put the public in danger and the assault was against a police officer who at the time was performing his official duties. Those aggravating factors could open the door for more prison time if Diltz is convicted.
Diltz pleaded not guilty to the charges Monday. He was being held on $500,000 bail.
Diltz, 30, has a dozen felony convictions, including past attempts to outrun the cops.
He was released in early 2012 from prison where he was serving time for identity theft and forgery.
He came to the attention of police again April 29 after he was spotted driving a pickup truck without any license plates, court papers said. The full-sized truck pulled to the side of the road on the I-5 on-ramp in Marysville. When a Marysville police officer got out of his patrol car, the truck pulled away. The driver allegedly passed cars on the shoulder in an attempt to get away.
The pickup lost power in the area of 13th Street and Colby Avenue in Everett. Diltz allegedly jumped out of the moving vehicle at 14th Street and Hoyt Avenue before it crashed into two parked cars.
Investigators later determined that the Ford truck was stolen a day earlier from a movie theater parking lot in Woodinville.
After the truck crashed, the Marysville officer got out of his patrol car and gave chase.
He took cover when Diltz began firing, court papers said.
Police officers swarmed the area as Diltz ran through north Everett yards, shedding clothing. After a 10-minute chase, police caught up with the felon.
He twice has been convicted of attempting to elude police.
In 2001, he drove a stolen car more than 90 mph in south Everett.
A year later, he reached speeds of more than 90 mph on I-5 and drove on the wrong side of the street after exiting the freeway.
He later was accused of trying to steal a Lynnwood man's riding lawnmower. When the owner caught him on the mower, Diltz ran off. Police found him trying to hide in a tree.
In 2008, Diltz was caught prowling vehicles. During a pat down, police found a flare gun in the pocket of his cargo pants. A 12-gauge shotgun shell had been modified to fit into the flare gun, court records said.
Diana Hefley: 425-339-3463; firstname.lastname@example.org.
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