Questions linger after fatal shooting by Everett officer

Published 2:40 pm Monday, July 6, 2009

EVERETT — Everett police on Friday acknowledged that several questions about a fatal officer- involved shooting Wednesday are swirling through the community.

Officials said the investigation is only in its infancy and more facts must be obtained before conclusions can be reached.

“We all agree that the public trust is extremely important to this police department and city,” Everett police Sgt. Robert Goetz said. “We are going to wait until all the facts are in before we pass judgment on any of this.”

An Everett police veteran of 11 years fatally shot a suspected drunken driver, Niles Leo Meservey, who was behind the wheel of a white Corvette just before midnight Wednesday, officials said.

Witnesses reported Meservey’s car was blocked by patrol cars and hemmed in by a chain-link fence.

Meservey, 51, of Stanwood, appeared drunk and was belligerent. Several people called 911 with concerns he might drive off.

A special task force made up of homicide detectives from several Snohomish County law enforcement agencies is investigating. The group, known as the Snohomish County Multi-Agency Response Team, or SMART, is trained to look into officer-involved deaths.

Detectives on Friday interviewed witnesses and reviewed evidence, Snohomish County sheriff’s spokeswoman Rebecca Hover said.

Meservey was shot just before midnight in a parking lot behind Patty’s Eggnest-Chuckwagon Inn in the 6700 block of Evergreen Way. Prior to the gunfire, officers reportedly attempted to subdue him with a stun gun. They ordered him to turn off the car and get out, witnesses said.

That’s when the car reportedly lurched forward and knocked down a fence. The impact with the fence caused a bystander to fall down. Shots were fired and then Meservey died, Hover said.

The Snohomish County medical examiner said Meservey died from multiple gunshot wounds.

Meservey was involved in a contentious divorce late last year after his September arrest for domestic-violence assault. His ex-wife accused him of running up a gambling debt and heavy drinking, according to court documents.

His ex-wife alleged in court that Meservey threatened to kill her and would fight police.

“No one would take him out of his new home,” she wrote in an request for a protection order. “Last time, he said, ‘It took 8 cops.’”

The Everett police officer who fired his weapon is 41, an 11-year veteran of the department. He has been placed on leave, standard procedure in these types of investigations, Hover said.

Once the SMART investigation is complete, the case will be reviewed by Snohomish County prosecutors to determine if the use of force was justified.

An internal Everett police investigation by the office of professional standards is likely, Goetz said.

“We will review all our policies and procedures as it relates to this incident when the time is appropriate,” he said.

Everett Police Department policy prohibits firing a weapon at a moving vehicle except when an officer’s life or someone else’s life is at risk.

“An officer choosing to fire at a fleeing vehicle must be fully prepared to justify this extreme action,” the policy says.

Investigators also will look into the use of the electric stun gun. Some departments, including the Washington State Patrol, discourage the use of a stun gun, also called a Taser, when the suspect is behind the wheel of a car.

Everett’s policy doesn’t mention the use of a Taser on someone in a vehicle.

Questions also have been raised about why police didn’t shoot the car’s tires.

That’s a risky proposition, said Ronald R. Scott, a former Massachusetts State Police officer who now is a firearms and ballistics expert.

Bullets don’t always hit their targets and instead can ricochet, causing safety concerns for police and bystanders, he said. Plus, blowing out tires on a vehicle doesn’t always immobilize it.

“The shooting of the tires seems to be a secondary consideration as opposed to what other actions might be taken,” Scott said. “What was the threat that he posed that required deadly force?”

Jackson Holtz: 425-339-3437, jholtz@heraldnet.com