A Snohomish County sheriff’s deputy will not face criminal charges in the shooting death of Daniel Wasilchen.
Deputy Greg Rasar shot and killed Wasilchen on May 29 after the Verlot man pointed a gun at the deputy and three other people outside his home, according to investigators.
Rasar “clearly fired only as a last resort, and to protect himself, the reserve deputy who was with him, and the two witnesses who were also present at the scene,” Snohomish County Prosecutor Mark Roe this week wrote in a letter to the detectives who led the investigation.
Roe reviewed the nearly 400-page report on the investigation and visited the site before making his decision. He concluded that Rasar was legally justified in shooting Wasilchen.
“Law enforcement officers have every right to defend themselves, and a duty to defend others. They are trained and equipped to do both. The deputy who shot Mr. Wasilchen has many years of experience to add to that training, and he appears to have called on that as he did everything in his power to avoid having to shoot Mr. Wasilchen,” Roe wrote.
Wasilchen, 44, reportedly was upset after a Snohomish County noxious weed official visited his property. H.R. “Sonny” Gohrman told investigators he stopped by to talk to Wasilchen about knot weed, a type of noxious weed, that he’d noticed growing on Wasilchen’s property a few weeks before the shooting.
Wasilchen repeatedly asked Gohrman to leave his property, records show. The two men argued and Wasilchen, a Boeing crane operator, reportedly shoved the county worker.
Raymond Dearie, an attorney for Wasilchen’s family, said Roe’s finding was not surprising but troubling. Roe didn’t address Gohrman’s behavior, Dearie said.
“The central problem is the unlawful action of Sonny Gohrman. What about Sonny Gohrman going onto Dan Wasilchen’s property against his will?” Dearie asked.
Gohrman left Wasilchen’s property and called deputies. Rasar and reserve deputy Tim King, plus Gohrman and an assistant, arrived at Wasilchen’s home and parked about 100 feet away from the house.
Rasar told investigators he believed he only would be needed to stand by while the county workers took care of their business.
He and the others saw Wasilchen in his driveway. Wasilchen walked back toward his porch, briefly out of sight. He returned, carrying a handgun and walking toward the group, Roe wrote.
Rasar recognized Wasilchen from previous friendly conversations and immediately told the man to drop his gun.
“Nobody needs to get hurt,” the deputy reportedly said.
Wasilchen continued to walk toward them, pointing the handgun at the people outside his home. He reportedly told the deputies to drop their weapons, the report said.
“It is likely that the deputy would have been justified in firing at that point, but instead he kept trying to defuse the situation and reason with the angry, advancing man,” Roe wrote.
Investigators were told that both deputies repeatedly yelled at Wasilchen to drop his gun. He yelled obscenities and made it clear he didn’t intend to drop his gun, which apparently had the hammer back and was ready to fire, Roe wrote.
Rasar fired three times. Wasilchen died at the scene.
Investigators found ammunition in Wasilchen’s handgun and more on the porch of his house, Roe wrote. Deputies didn’t get more than a few feet from their vehicle before the man left his porch and walked toward them with a weapon, according to Roe’s letter.
“His death is extremely unfortunate, but it appears clear that the deputy who shot him had no choice,” Roe wrote.
Wasilchen’s family has filed a $5 million claim against the county and Gohrman but hasn’t initiated a lawsuit. The claim accuses Gohrman of trespassing, being hostile and maliciously and deliberately violating Wasilchen’s constitutional rights.
Dearie said Gohrman misinformed the deputies about the scope of the weed official’s authority.
He believes the outcome would have been different if Gohrman followed the law and had obtained a warrant to get on to Wasilchen’s land.
“Had they stayed off his property and gone through the legal channels, Dan Wasilchen would be working for Boeing today,” he said.
Diana Hefley: 425-339-3463; hefley@heraldnet.com.
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