Man ‘leveled’ shotgun at them, officers say

Published 10:32 pm Monday, November 10, 2008

EVERETT — An Everett man fatally shot by police early Saturday greeted officers at his front door and “leveled” a shotgun in their direction, investigators said Monday.

They also made public a search warrant that contains witness statements surrounding the death of Dustin Willard, 31.

The statements support Everett Police’s contention that Willard was fatally shot when he did not drop the shotgun after being ordered by police. A team of county detectives are still investigating the shooting.

Everett Police were summoned to Willard’s home by neighbors who reported hearing breaking glass and other loud noises.

The gunfire broke out not long after police knocked on the front door. Five officers responded, including one with a police dog, according to the search warrant.

KOMO-TV of Seattle, and others, have reported that Willard may have been shot behind his home, based on statements from a neighbor.

That simply isn’t true, said Rebecca Hover of the Snoho­mish County Sheriff’s Office, who has been working with the special team of detectives investigating the case.

“Information that a shooting happened in the back yard of the house is inconsistent with information and evidence gathered by detectives,” Hover said. “If anyone believes they have additional information about this incident, they are encouraged to contact detectives.”

Although only police and Willard were at the home when gunfire erupted, the shooting was witnessed by others, including an observer who was in one of the patrol cars as part of a civilian ride-along, according to a search warrant filed in Cascade District Court.

The rider did not know what sort of a call they pulled up to at the house along 23rd Street in Everett’s north end, the document said. He accompanied one of the officers toward the house and heard somebody yelling at a dog to “shut up.”

Then the rider “heard a female Everett police officer yell: ‘Gun, gun,’ and also heard other officers yelling: ‘Drop the gun. Drop the gun,’ ” the search warrant affidavit said.

The shouting was followed by gunfire.

Police had been called to the scene by a neighbor at 1:43 a.m. The woman reported hearing somebody breaking a front window, then apparently trying to kick in the back door at the home where the shooting later occurred.

The woman’s husband told police he was awakened by the banging noises at his neighbor’s house. He saw a man kicking the front door five to 10 times and heard the sound of breaking glass, the search warrant said. The neighbor said he then heard more banging noises coming from behind the home.

Police converged on the scene. The neighbor said he heard “one of the officers shout ‘show me your hands’ or something similar to that” before eight to 12 gunshots rang out, according to the search warrant.

Another officer also was at the scene, but was not among the trio who approached the house.

He said the lights were on inside as well as on the porch. He heard somebody coming to the front door after officers knocked, the search warrant said.

The officer said a man stepped outside the home “holding a shotgun with one hand on the grip of the weapon and the other on the slide.”

The officer “indicated that the weapon was initially being held at a slight upwards angle,” but the man leveled the shotgun.

The officer said that “he heard commands given by responding police officers to ‘drop the weapon’ or ‘drop it,’ ” the search warrant said.

That was followed by multiple gunshots apparently fired by more than one officer.

The officer who had the civilian rider said he saw a shotgun pointed in the direction of one of the officers before gunfire erupted. A shotgun was recovered near Willard’s body, according to the search warrant.

When officers went inside the home, they found the back door was locked and appeared to have some blood on the interior near the door knob, the search warrant said. A pair of vise-grip pliers as well as wet shoe prints were on the floor.

Investigators have not yet determined whose blood is on the door or how it got there, Hover said.

“There is a lot more work to do in this investigation, including processing and analyzing evidence and talking to people,” she said.

During their search of the home, the investigators seized more than one shotgun and other firearms, plus spent bullets and casings, beer bottles, a wrench and apparent drug paraphernalia, according to the search warrant.

Willard’s neighbors remained saddened by his death.

Chris Nance said Willard helped fix his car a few days ago.

“He didn’t seem like the type of guy who would confront the police,” said Nance, who lives across from the house that Willard bought last year. “He was a smart man.”

Jung Lee, owner of Virginia Market, which is adjacent to Willard’s house, also described his neighbor as helpful.

He sold Willard an 18-pack of Bud Light hours before police confronted him.

Lee said Willard helped him keep the street tidy, picking up candy bar wrappers and other litter from the sidewalk that they shared.

Stephen Pusey, 43, said he frequently ran into Willard who was always quick to say hello.

“He was a cool cat,” said Pusey. “That dude wouldn’t hurt anyone.”

Reporter David Chircop contributed to this report.

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