Fatal police shooting of Oak Harbor man deemed justified

By Jessie Stensland / Whidbey News-Times

OAK HARBOR — A lengthy investigation into a police shooting that left an Oak Harbor man dead Sept. 23 offers few clues as to what caused him to start an unprovoked fight, attempt a carjacking, steal bullets at Walmart and then stare down police on school property.

Island County Prosecutor Greg Banks received the final investigative report on the case Monday and released a memorandum explaining what happened and why the deputy was justified in firing the shots that killed Richard Jackson, 36.

“In this case, the undisputed facts that were provided by law enforcement and civilian witnesses alike justify the use of deadly force against Mr. Jackson,” Banks wrote. “Although Mr. Jackson’s motivations were unknown, his actions, which were known to the officers who surrounded him, were objectively purposeful, and gave officers probable cause to believe he ‘posed a threat of serious harm’ to others.”

The report describes the moments leading up to the shooting in second-by-second detail based on video from a police car. He writes that Jackson was surrounded by three officers but refused to comply with their instructions. As he reached into a pocket, an Oak Harbor police officer discharged a stun gun, striking Jackson, and deputy Shawn Engert with the Island County Sheriff’s Office fired shots a fraction of a second later.

Jackson was shot five times and later died at the hospital. A 4-inch knife was found in his pocket.

It’s unknown what sparked Jackson’s sudden violence that day. Toxicology results showed Jackson had no drugs in his system and his blood-alcohol level was below the state’s limit for driving.

According to the investigation, on the day of the shooting Jackson visited acquaintances in Oak Harbor and got into a fight. Witnesses said he was agitated and attacked another man without provocation. A man defended himself by hitting Jackson on the head with a pair of vice grip pliers, causing Jackson to bleed profusely as he fled.

Bloody and disheveled, Jackson tried to get into a minivan that was stopped at the intersection of Highway 20 and Erie Street, but the driver locked the door and drove off. The driver called 911, followed Jackson and alerted the dispatcher as he saw him enter Walmart.

Officers arrived shortly afterward and spoke to employees who said Jackson brandished a knife at an employee at the gun counter and stole two boxes of ammunition. He left through an employee-only door.

As officers searched for Jackson, a pedestrian flagged down an officer to report seeing a man with a bloody face near Oak Harbor Intermediate School’s soccer fields.

Oak Harbor police officer Patrick Horn was first to arrive. He came upon Jackson, drew his gun and told him to get down on the ground. Jackson did not comply, but stood with “a 1,000-yard stare,” Horn told investigators.

Engert arrived, drew his gun and positioned himself near Horn, who holstered his gun and drew his stun gun. At nearly the same time, Oak Harbor officer Mike Brown arrived and Jackson turned toward him, his back to the other officers.

Much of the incident was recorded by the video camera in Brown’s car.

The officers commanded Jackson to go to the ground and not to put his hands in his pocket. Horn told him he would stun-gun him if he put his hands in his pocket.

Jackson, with his back to Engert and Horn, reached into his right pants pocket.

Nearly simultaneously, Engert and Horn put their arms out in shooting positions. Horn discharged the stun gun, which struck Jackson. Engert started firing a third of a second later; he shoots five times in about one second, striking Jackson in the back with all the shots.

The shooting was investigated by the Skagit County Multi-Agency Response Team.

This story originally appeared in the Whidbey News-Times, a sibling paper of The Daily Herald.