Audits find missteps in 2 investigations of Bothell police shootings

BOTHELL — Investigations into two fatal police shootings in 2020 followed most, but not all, protocols to prevent conflicts of interest with Bothell police, a new state auditor report found.

The Snohomish County Multiple Agency Response Team, or SMART, investigated the deaths of Jonathan Shoop, a Bothell police officer, and Juan Rene Hummel, according to the state auditor’s reviews published this month. The two men were shot and killed within weeks of each other in July 2020.

Auditors concluded the team complied with most requirements, but found issues with confidentiality. In one case, SMART briefed Bothell police about investigation findings, in violation of state restrictions.

Initiative 940, approved by voters in 2018, created more oversight for “Independent Investigation Teams,” like SMART.

State law now requires the state auditor’s office to audit all investigations of uses of police deadly force to ensure they meet the criteria of independence, transparency and credibility, as well as communication with the public.

Both Shoop’s and Hummel’s investigations were led by Cpt. Doug Jeske of the Snohomish County Sheriff’s Office.

“We found instances when SMART did not follow state rules, as well as opportunities to improve documentation,” both reports read.

The teams are made up of detectives and investigators from multiple agencies, as well as volunteers and community representatives. The teams must give weekly public updates.

On the night of July 13, 2020, officers Shoop and Mustafa Kumcur tried to stop a Pontiac G6 going west on Highway 522, according to the audit report. After a short pursuit, the black sedan hit a pedestrian on a scooter in a crosswalk, crashed through the center median and stopped in the 10300 block of Woodinville Drive.

Security footage reportedly showed a man, later identified as Henry Eugene Washington, step out of the Pontiac and begin firing at the patrol car with a handgun, according to charging papers.

Shoop, 32, died in the gunfire. He remains the only police officer killed in the line of duty in Bothell’s history.

SMART investigators quickly discovered Kumcur had fired the fatal shot after a bullet from his gun ricocheted and grazed Shoop’s head, according to the audit.

Four days later, King County prosecutors charged Washington with first-degree murder, attempted first-degree murder and vehicular assault. He pleaded not guilty.

King County deputy prosecutor Mary Barbosa said Kumcur firing the fatal shot was “immaterial” to Washington’s case, as the defendant set in motion the series of events. Washington’s case was still active this week in King County Superior Court.

Kumcur was not charged.

State auditors found SMART investigators held two briefings with Bothell police within 48 hours of Shoop’s death, in violation of restrictions on sharing information with the involved agency under the new law.

“SMART leadership acknowledged these requirements in their reports,” the report read. “However, they decided it was in the best interest of Kumcur and the Bothell Police Department to inform them — rather than learn from news media — that Kumcur had fired the fatal shot, not Washington.”

In a letter to the auditor, Jeske wrote the briefings were the only “reasonable and humane method” of communicating that news.

Two community representatives were assigned to each SMART case for “compliance tasks” separate from the investigative roles. SMART did not inform either representatives of these briefings, according to the audit.

The audit’s review also found one investigator and both community representatives did not sign conflict of interest assessments required by all SMART participants within the first 72 hours. Jeske told auditors he did not know why their team had not provided the contracts, the audit says.

Representatives also did not sign separate confidentiality agreements. The SMART commander reportedly sent them an email asking to comply with the requirements of the agreement, the audit says. The exchange, however, was not legally binding, according to the auditor.

As of October, SMART had not provided the community representatives with the completed case file, according to the report. The team continues to give weekly updates on the case, pending Washington’s trial.

Nearly two weeks after Shoop’s death, Bothell officer Michael Garcia responded to reports of a man, later identified as Hummel, slashing tires in an apartment complex near 228th Street SE and 20th Avenue SE.

Security footage showed Garcia arriving on the scene in an unmarked patrol car with emergency lights flashing, according to the audit. The officer stepped out of his car. Hummel approached with a pocketknife in hand. Hummel ran around to the front of the car. Garcia shot at Hummel seven times.

Hummel, 25, was taken to a nearby hospital, where he later died of multiple gunshot wounds.

The audit again found two investigators and both community representatives did not sign conflict of interest forms in the hours following Hummel’s death. The two representatives also did not legally sign a confidentiality agreement. Like the Shoop investigation, Jeske only sent the requests through email.

The state report also determined the team did not provide documents showing community representatives and the Hummel family were informed of press releases beforehand. The auditor noted most communication happened over the phone or in person.

Last year, prosecutors declined to charge Garcia in Hummel’s death, saying, “There was no reasonable alternative to the deadly use of force under the circumstances.”

In both cases, the auditor recommended SMART ensures all participants review required forms within three days of the investigations. Jeske acknowledged the audit’s findings in letters written to state Auditor Pat McCarthy.

As a result of the Hummel audit, Jeske wrote SMART will now maintain logs documenting when families and community representatives have reviewed press briefings prior to release.

“The commanders of Snohomish County IIT also appreciate the cooperative nature and positive interactions with the audit team which were experienced during the process,” Jeske wrote. “Finally, Snohomish County IIT welcomes the feedback provided to it by the audit team as we strive to continue to fulfill the mandates of (state law).”

Maya Tizon: 425-339-3434; maya.tizon@heraldnet.com; Twitter: @mayatizon.