As Richard Rotter goes on trial for aggravated first-degree murder in the death of Everett police officer Dan Rocha, here’s a look back at the shooting and what has happened since.
The shooting
On that day, March 25, 2022, Rocha was waiting for his coffee in a Starbucks near Everett Community College when he noticed suspicious activity in the establishment’s parking lot.
Dan Rocha
A man, later identified by police as Richard Rotter, was moving guns between two vehicles, police said. Rocha then exited the coffee shop, called for backup, radioed in the vehicle’s license plate and approached Rotter.
Rocha’s body camera footage of the altercation was released June 2022.
“Hey, how’s it going?” Rocha said on the a footage. “Do me a favor, bud. Leave the guns alone.”
In the video, Rocha asked Rotter where the guns were coming from and for Rotter’s ID. Rotter shrugged and Rocha then patted down his lower body. Police later found Rotter was wearing an empty shoulder holster.
After checking Rotter’s ID, dispatchers found Rotter had a warrant for domestic violence assault. In the body camera footage, Rotter claimed this was a mistake, as claims were dismissed.
From the bodycam of Everett police officer Dan Rocha, Richard Rotter explains his possession of a firearm minutes before he allegedly shot and killed Rocha in a Starbucks parking lot in north Everett on March 25, 2022. (Everett Police Department)
Dispatchers then verified that Rotter was a convicted felon. Washington state and federal law prohibits felons from possessing firearms, but Rotter claimed his gun was a BB gun.
The men talked for a few more minutes and Rocha asked Rotter to “hang tight until my partner gets here.”
Rotter in the video turned toward his car. Rocha asked him not to do that and when Rotter continued, Rocha detained Rotter. The last three seconds of the video showed Rocha throwing Rotter to the ground.
Four seconds later, Rotter shot Rocha five times, got in his car, backed over Rocha and fled, police said. Rocha died at the scene and his body camera ran for hours after the incident.
A suspect in the shooting of police officer Dan Rocha, later identified as Richard Rotter, is held at 35th and Rucker Ave after three car accident on March 25, 2022, in Everett, Washington. (Kevin Clark / The Herald)
The arrest
Within minutes of the shooting, Rotter was arrested near the scene of a three-vehicle crash. Everett District Court Judge Tam Bui later set bail at $5 million.
Rotter was formally charged with aggravated first-degree murder in the death of Rocha on April 15, 2022. The Snohomish County Prosecutor’s Office also charged Rotter with unlawful possession of a firearm and possession of a controlled substance with intent to manufacture or deliver.
Court records showed Rotter’s extensive criminal history in the state — including 12 prior felony convictions — from the 1980s to 2019, mostly in Benton and Franklin counties. Many of those cases were related to drugs. His only felony conviction in Snohomish County was for a controlled substance violation in 1992.
He was also found guilty of attempting to elude police three times in the past decade: in 2013, 2016 and 2019. The 2019 incident was Rotter’s most recent conviction.
In the 2013 and 2019 cases, Rotter drove into patrol cars as he escaped. No injuries were reported in those incidents. Department of Corrections records indicated he was released from prison in late 2019, the charges said.
The Everett police report noted Rotter’s license was suspended or revoked. He was no longer under state supervision at the time of the shooting. His last known address was in Kennewick.
Weeks before the shooting, Rotter told at least two people that he never wanted to go back to prison, according to charging papers.
“They’re not gonna take me alive,” he reportedly told a longtime friend four weeks before the shooting.
The community mourns
A young child brings flowers to the memorial of fallen Everett Police Officer Dan Rocha Saturday, March 26, 2022, in Everett, Washington. (Ryan Berry / The Herald)
Tributes poured in for Rocha following his death. Outside the police north precinct March 26, 2022 in downtown Everett, hundreds stopped by to pay their respects to the fallen officer. A sea of bouquets, ribbons and stickers covered a patrol car.
People left dozens of notes in cards set up on a table:
“Thank you for your service, Daniel. We’ll hold it from here.”
“On behalf of the northwest neighborhood, thank you for your service. A very sad time.”
“R.I.P. and godspeed.”
Rocha, 41, a father of two sons, joined the Everett Police Department as a parking enforcement officer in 2017. He was later promoted to patrol officer. He worked in north Everett.
A public memorial service honored Rocha on April 4, 2022. Thousands turned out to show their respect.
People lined the streets to watch a police motorcade from Everett Mall Way to the arena around 11 a.m.
In the crowd near the arena was Bill Root. He served in the Army as part of Operation Desert Storm. The Woodinville man stood along Hewitt Avenue in his Army fatigues. And as the hearse carrying Rocha’s body passed, just before noon, Root saluted. He said the news of Rocha’s death horrified him.
“There’s nothing more noble than laying down your life for your fellow man,” Root said.
An American flag was draped between two Everett Fire Department ladder trucks at the intersection of Hewitt and Rockefeller avenues.
As pallbearers carried Rocha’s casket into the arena, dozens of local law enforcement saluted, like Root. Many members of Rocha’s family followed.
The 1 p.m. service was open to the public. Police from departments around the country — including New York City; Fort Worth, Texas; and others — joined the audience. Many in attendance came from neighboring cities, like Arlington Fire Chief Dave Kraski.
“This gentleman was responding to what seemed like an ordinary call,” Kraski said. “You just never know what’s going to happen.”
Guilty plea reversed
In an unusual move, Rotter’s attorney Natalie Tarantino said he planned to enter a formal guilty plea on April 19, 2022.
“After consultation with counsel and review of germane discovery, Mr. Rotter wishes to enter pleas of guilty in all three counts,” said Tarantino via video from the Snohomish County Jail, where she sat next to her client.
However, Rotter apparently changed his mind. On April 25, 2022, he instead entered three pleas of not guilty for the murder charge as well as charges of unlawful possession of a firearm and possession of a controlled substance with intent to manufacture or deliver.
Bodycam footage released
The Herald obtained the footage from Rocha’s body-worn camera via a public records request June 2022.
The footage starts inside a Starbucks near Everett Community College. It cuts off four seconds before the fatal shots, according to police.
Citing state public records law and privacy concerns for Rocha’s family, Everett police declined to release footage of the shooting itself, as well as over five hours of other body camera video recorded that day.
Request to move trial
In January 2023, Rotter’s attorney Daniel Snyder filed a motion to move the upcoming trial out of Snohomish County. Snyder wrote in court documents: “Mr. Rotter cannot receive a fair and impartial jury in this county given the inflammatory pretrial publicity this case has received.”
Snyder cited the downtown Everett memorial service attended by thousands shortly after the officer’s death — just down the street from the courthouse. In February 2023, Judge Bruce Weiss denied the defense motion without prejudice, meaning the issue could come up again.
“I’ve been shocked over the years how few people are aware of what’s going on related to court cases,” the judge said. “I don’t know if that’s going to be the case for this particular case.”
Jury selection
Defense attorney Natalie Tarantino, left, listens while prosecutors Craig Matheson, center, and Bob Langbehn, right, discuss a juror during jury selection at the Snohomish County Courthouse on Tuesday, March 14, 2023 in Everett, Washington. (Olivia Vanni / The Herald)
Jury selection began March 14, 2023. Weiss dismissed some jurors for being too close to the case. A former sheriff’s deputy knew some of the witnesses and one of the prosecutors. An Everett resident had donated to fundraisers for Rocha’s family after the slaying.
After days of jury selection, 15 of Rotter’s peers, nine women and six men, were empaneled to decide if he is guilty or not of aggravated first-degree murder.
Opening statements
Defense attorney Natalie Tarantino gives her opening statement in the trial of Richard Rotter at the Snohomish County Courthouse in Everett, Washington on Monday, March 20, 2023. (Annie Barker / The Herald)
The trial began March 20.
In his opening statement, deputy prosecutor Craig Matheson showed the jury images that depict the end of Rocha’s life, taken from inside the Starbucks by Adam Dailey, of Monroe.
The images showed Rotter pulling the Glock from his shoulder holster and shooting Rocha.
Prosecutors charged Rotter with aggravated first-degree murder, unlawful firearm possession and possession of fentanyl, heroin and meth with intent to manufacture or deliver.
Rotter’s defense argued that post-traumatic stress disorder from past arrests and drug use at the time of his confrontation with Rocha meant his alleged actions could not have been premeditated.
“It was, sadly, Mr. Rotter that day in the parking lot,” Rotter’s public defender, Natalie Tarantino, told the jury. “It was Mr. Rotter who fired the shots. You are going to hear, though, that Mr. Rotter is a fairly damaged person and that on this day, a combination of mental illness and disorders and substance abuse impaired him greatly.”
Witness testimonies
Richard Rotter listens to witness questioning in his trial at the Snohomish County Courthouse in Everett, Washington on Monday, March 20, 2023. (Annie Barker / The Herald)
Richard Johnson was one of more than a half dozen witnesses called to the stand on the second day of testimony. The witnesses, both civilians and police, described a hectic scene in the minutes after Rotter shot and killed Rocha, 41.
More than one Everett officer got emotional on the stand and struggled to speak.
Chief Dan Templeman, who hired Rocha in 2018, said he arrived to a chaotic shooting scene. The chief testified one of his officers told him the officer “didn’t make it.”
“At that point I didn’t know who, I just knew it was one of my officers,” Templeman said.
Debate over graphic photos
Dr. J. Matthew Lacy, Chief Medical Examiner for Snohomish County, answers preliminary questions from the state regarding his qualifications and experience as a medical examiner during the trial of Richard Rotter on Thursday, March 23, 2023, at Snohomish County Superior Court in Everett, Washington. (Ryan Berry / The Herald)
Without the jury present on March 24, Snohomish County Medical Examiner J. Matthew Lacy displayed several close-up photos of Rocha’s injuries.
Deputy prosecutor Bob Langbehn asked Lacy if could describe the injuries without the use of the grisly photos. Defense attorney Daniel Snyder argued Rocha’s injuries were not in dispute and asked the court to bar the use of the photos. Snohomish County Superior Court Judge Bruce Weiss expressed concern about the effect the photos would have on the jurors, but ruled some images would be admissible.
Prosecution rests case
Deputy prosecutor Craig Matheson gives his opening statement in the trial of Richard Rotter at the Snohomish County Courthouse in Everett, Washington on Monday, March 20, 2023. (Annie Barker / The Herald)
After a week of testimony, prosecutors concluded with a recording of a phone call the defendant made from jail, resting their case on March 28.
Jurors also learned methamphetamine and fentanyl were found in Rotter’s system on the day of the shooting.
Washington State Toxicology Laboratory forensic scientist Naziha Nuwayhid tested samples of Rotter’s blood that were collected about an hour after the shooting. These samples had traces of meth and fentanyl, Nuwayhid said under questioning by deputy prosecutor Bob Langbehn.
Prosecutors called Snohomish County sheriff’s detective Kendra Conley as their last witness. Conley testified about listening to hours of phone and video calls Rotter made from jail and the jury heard a snippet of a call to Rotter’s brother in April 2022.
“I think for anybody that feels like they’re going to be harmed, goes into survival mode, there’s certain things that are going to take place, you know?” Rotter said in the video.
Defense rests case
Dr. Wendi Wachsmuth, a clinical psychologist, answers questions from the defense during the trial of Richard Rotter on Thursday, March 30, 2023, at Snohomish County Superior Court in Everett, Washington. (Ryan Berry / The Herald)
The defense’s first witness, psychologist Wendi Wachsmut, was hired by the defense to conduct a psychological evaluation on Rotter while in jail, using interviews with the defendant, medical records, behavioral tests and police body camera footage of Rocha’s death.
Wachsmuth diagnosed Rotter largely based on “multiple instances in (Rotter’s) life,” including previous interactions with the police that reportedly ended in Rotter being hospitalized.
Based on her evaluation, Wachsmuth said Rotter had a “reactionary response” when Rocha tried to arrest him. Wachsmuth said “it is incredibly unlikely he would have the capacity to organize his behavior.”
Toxicologist Granville Storey then took the stand to testify to Rotter’s drug use.
The amount of meth that was in his system can cause increases in anxiety, impulsivity and paranoia, as well as “disproportionate responses to certain situations,” Storey said. When mixed with fentanyl, the effects can become even more unpredictable.
Closing arguments
Richard Rotter listens to closing arguments by prosecutor Craig Matheson during his trial at the Snohomish County Courthouse on Friday, March 31, 2023, in Everett, Washington. (Olivia Vanni / The Herald)
After almost two weeks of witness testimony, closing arguments, and jury deliberations began March 31.
Deputy prosecutor Craig Matheson told jurors that Rotter made a “business decision” in killing Rocha to avoid being arrested with guns and drugs.
“It was worth it to him to kill a cop who just wouldn’t let him go, so he wouldn’t be put in jail,” the deputy prosecutor said in his closing argument.
He also said if it wasn’t premeditated on Rotter’s first shot, it was on the next four.
Rotter’s public defender, Natalie Tarantino, told the jury her client had “no plan.” Instead, a combination of drug use and post-traumatic stress led him to respond the way he did.
“It was reactionary and fast and impulsive, which are just the symptoms of his mental health disorders,” she said.
The jury has three options. They could find Rotter guilty of aggravated first-degree murder as charged, find him guilty of the lesser charge of second-degree murder or find him not guilty of either.
The jury must also decide whether Rotter is guilty of unlawful firearm possession, possession of fentanyl, methamphetamine and heroin with the intent to manufacture or deliver, and attempting to elude police.
No verdict was reached on Friday. Jurors were expected to reconvene Monday morning.
Guilty verdict
Snohomish County Detective Kendra Conley, right, hugs Everett police Lt. Tim Collings after the reading of the verdict of the trial of Richard Rotter at the Snohomish County Courthouse on Monday, April 3, 2023, in Everett, Washington. (Olivia Vanni / The Herald)
A jury of eight women and four men took about four hours to find Rotter guilty of aggravated first-degree murder for killing Everett police officer Dan Rocha last year.
The verdict, announced around 11:30 a.m. April 3, leaves the Kennewick man, 51, with only possible sentence: life in prison without the possibility of parole.
Sentencing is set for April 17.
Sentencing
Sentencing is set for Rotter today. With that conviction in Snohomish County Superior Court, Rocha faces only one possible sentence from Judge Bruce Weiss: Life in prison without the possibility of parole.
This a developing story. Check back for updates.
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