Man shot by deputy claims he tried to drop his guns

EVERETT — A man who was shot in the hand last week by Snohomish County deputies claimed through his attorney Tuesday that he was trying to shed his guns when the bullets began flying.

Gene Fagerlie, 36, appeared briefly in Everett District Court, his left arm in a sling. He’s been jailed since being released by Harborview Medical Center, where he was treated for his wounds.

Judge Roger Fisher set bail at $500,000 for the Marysville tattoo shop owner.

Fagerlie was shot early Thursday morning after he allegedly pointed a firearm at deputies. At the time, he was outside his Lake Goodwin-area mobile home carrying an AR-15 military style rifle, a pump shotgun with an illegally shortened barrel and a .45-caliber handgun, according to police reports.

Deputies were summoned to Fagerlie’s home after the reportedly intoxicated man began sending text messages about plans to harm himself and others. Before they arrived, he allegedly shot a TEC-9 semiautomatic handgun into the ground at his former girlfriend’s feet.

Deputies told detectives that Fagerlie pointed a firearm at them when they shouted at him “Police! Drop the gun. Put your hands up!”

Prosecutors requested $1 million bail for Fagerlie, who at the time of the shooting also was wanted on a warrant connected to a Snohomish County Superior Court child molestation charge.

Fagerlie is now jailed for investigation of assault, domestic violence and possession of unlawful firearms.

In court Tuesday, Everett defense attorney Mark Mestel did not challenge that police had probable cause to detain his client.

He did question the prosecutor’s assertion that Fagerlie presents an extreme risk of violence. He said the man wasn’t menacing deputies with a firearm but instead was trying to follow orders to disarm when he was shot.

In court Tuesday, Fisher also was presented paperwork alleging that Fagerlie had been drunk, was wearing body armor and for hours had been making statements and sending text messages about intending to shoot it out with police.

When officers searched the property after the shooting they reported finding a TEC-9 tucked away in the woods. It was fitted with a magazine carrying 23 rounds. Nearby were two magazines for the AR-15, each loaded with 30 rounds, police reports said.

Fagerlie’s gun safe reportedly was open. Detectives seized a Mossberg .22-caliber rifle with a collapsible stock. Its barrel reportedly was just under 10 inches. State law requires a minimum of 16 inches, according to a report police filed with the court.

The shooting is being investigated by the Snohomish Multiple Agency Response Team. As is standard in cases involving police use of force, the special countywide team of detectives is examining what happened, including whether the officers lawfully used their weapons.

The deputy who shot at Fagerlie has been with the sheriff’s department for seven years. As is standard practice, he’s been placed on paid administrative leave.

At the time of the shooting Fagerlie was wanted for failing to turn up for arraignment after being charged with first-degree child molestation on July 12. The case involves allegations that he sexually assaulted an 8-year-old girl.

Scott North: 425-339-3431, north@heraldnet.com

More in Local News

It’s hard to find a parking spot at Wallace Falls State Park

There’s a study under way on how to tackle that issue and others.

At long last, a church of his own

After years of filling in elsewhere, Hallack Greider is the new pastor at Maplewood Presbyterian.

Judge: Lawmakers’ emails, texts subject to public disclosure

News organizations had sued to challenge the Legislature’s claim that members were exempt.

Herald photos of the week

A weekly collection of The Herald’s top images by staff photographers and… Continue reading

Outgoing councilwoman honored by Marysville Fire District

The Marysville Fire District in December honored outgoing City Councilwoman Donna Wright… Continue reading

Officials rule train-pedestrian death an accident

The 37-year-old man was trying to move off the tracks when the train hit him, police say.

Ex-Monroe cop re-arrested after losing sex crime case appeal

He was sentenced to 14 months in prison but was free while trying to get his conviction overturned.

Everett district relents on eminent domain moving expenses

Homeowners near Bothell still must be out by April to make way for a planned new high school.

Number of flu-related deaths in county continues to grow

Statewide, 86 people have died from the flu, most of whom were 65 or older.

Most Read