Stanwood man shot by police is charged

EVERETT — In the driveway where Gene Fagerlie fell after being shot in the hand by a sheriff’s deputy, police found a loaded and cocked handgun, a rifle and shotgun.

Detectives also found a cache of ammunition and other guns stashed along the fence line bordering the Stanwood man’s property, according to court records. An illegal shotgun was found in the house, along with a .22 rifle. Both gun barrels had been shortened to illegal lengths, police reported.

Before the violent confrontation, Fagerlie, 36, reportedly told his ex-girlfriend that “things were going to go bad if the police arrive.” He made comments about being “(expletive) done.”

Prosecutors late last week charged Fagerlie with two counts of second-degree assault and unlawful gun possession. He was being held in the Snohomish County Jail on $500,000 bail. Prosecutors asked for the high bail, alleging that Fagerlie is a risk to commit a violent offense.

“The defendant was depressed and wanted to be killed by law enforcement. However, since he was wearing body armor and was so heavily armed it is likely he wanted to kill law enforcement officers,” Snohomish County deputy prosecutor Randy Yates wrote.

At court hearing last month, Fagerlie’s attorney told a judge that his client didn’t point a gun at police. He was trying to drop the weapon when he was shot, Everett attorney Mark Mestel said.

The Aug. 15 incident began to unfold after Fagerlie and his ex-girlfriend exchanged some heated text messages. He eventually asked her to come pick up his 2-year-old daughter “because he had something to do.” Investigators were told the Fagerlie made it clear he was depressed.

Fagerlie reportedly told the woman to come without police or things would get bad, Yates wrote.

The woman arrived with a friend and found the little girl. She was walking to the car with the child when she noticed a green laser-like light on her shoulder. She reportedly saw Fagerlie come out of the woods, armed with a gun. She put the girl in the car and walked back toward the house to talk with Fagerlie. She tried persuade Fagerlie not to do anything extreme. He went to the car and kissed his daughter. He started to walk away. Again the woman walked toward him. That’s when Fagerlie told her to leave and reportedly fired a bullet into the ground about five feet away from the woman. She drove to a nearby fire station where she called 911. She warned dispatchers that Fagerlie was armed. She also reported that he was wearing a bullet-proof vest.

Two deputies arrived and approached the house through the woods as a precaution. From their hidden vantage point they saw that Fagerlie was armed with multiple guns. They watched him return to the house and leave through a bathroom window. He went into the woods and then began walking down the driveway.

The deputies decided to announce their presence, concerned that he may confront other deputies once they arrived. They ordered Fagerlie to drop his guns. He allegedly ignored their commands. The deputies reported that Fagerlie turned toward them and raised up a gun in his hand.

A deputy fired shots. Fagerlie was struck in the hand.

At the time of the shooting, Fagerlie had a warrant for his arrest. He had failed to appear for a court hearing related to a child molestation charge that was filed in July.

Diana Hefley: 425-339-3463; hefley@heraldnet.com.

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