Kevin Peterson Jr.’s family announces they are suing the police over his murder

Kevin Peterson Sr., left, Olivia Selto, girlfriend of Kevin Peterson Jr., at a news conference Thursday in Hazel Dell, Washington. “You shot a man in the back while he ran away,” said the elderly Peterson of the October 29 incident in which Clark County police fired and killed his son.

Troy Brynelson / OPB

Five months after Clark County police killed him, Kevin Peterson Jr.’s family announced Thursday that they were planning to sue.

Peterson died on October 29 while attempting a drug. A regional drug task force tried to beat him up for selling about 50 Xanax pills. He fled on foot as officers approached, but two detectives and a deputy confronted him in a nearby bank parking lot. You fired a total of 34 bullets.

Important details about the case were disputed. Peterson was armed and carried a .40 caliber pistol, but it is unclear if he ever targeted law enforcement. And Clark County Sheriff Chuck Atkins first reported to the media that Peterson fired the gun – but no evidence has ever proven this to be true.

Tacoma-based attorney Mark Lindquist, who represents Peterson’s family, said Thursday that they plan to file a tort lawsuit – a precursor to a lawsuit. He spoke to the media during a press conference in an office building less than a mile from the site of Peterson’s death.

Lindquist did not say who would be named in the lawsuit or how much the family would be asking for damages.

“Everyone who knew Kevin loved Kevin. Kevin, he has boyfriends everywhere, ”said Peterson’s mother, Tammi Bell, on Thursday. “We’re still looking at the door and wondering when he’s coming through. We were sad. “

Peterson’s police shooting came towards the end of a summer that simmered over racial injustices, including the murder of George Floyd by police officers in Minneapolis. Ben Crump, who represented Floyd’s family, also represents Peterson’s.

On March 12, the city of Minneapolis agreed to pay $ 27 million to Floyd’s family.

Peterson’s death sparked protests almost immediately. A portrait of him smiling hit social media in a matter of hours, prompting dozens to protest outside the scene north of Vancouver in the unincorporated community of Hazel Dell.

He was the fourth person of color to be shot dead by Clark County police since 2019. Four months after his death, a Clark County sheriff’s deputy shot and killed another black man, Jenoah Donald, during a traffic obstruction. The 30-year-old Donald died after a week sustaining life.

In a statement on Thursday, Atkins called Peterson’s death a tragedy. He said the investigation into Peterson’s death was conducted by an outside agency and the shooting is being reviewed by elected prosecutors in Pierce County, Washington.

“We are awaiting a decision from the Pierce County Attorney General and awaiting receipt of the tort to further evaluate it,” Atkins said.

“We only want justice”

Peterson’s parents, Kevin Peterson Sr. and Tammi Bell, and girlfriend Olivia Selto attended Thursday’s press conference, which was flanked by family and friends. The family has been largely silent since filming. They asked questions for about 15 minutes and often said they intended to bring justice with the lawsuit.

Olivia Selto, girlfriend of Kevin Peterson Jr., at Thursday’s press conference.

Troy Brynelson / OPB

“You shot a man in the back while he ran away,” said the older Peterson of the incident. “You weren’t in any immediate danger.”

In the early evening of October 29th, the regional drug task force arranged the sting at a Quality Inn in Hazel Dell. They used Snapchat to communicate with the 21-year-old and didn’t know his name – just his Snapchat handle “$ pla $ h” – when they told him to meet to sell them the pills.

Research shows officials are concerned about captions Peterson wrote on his Snapchat messages using the emojis of a cop, a bang, and a water gun: the captions are lyrics to a rap song.

Sergeant pointed out the emojis were an officer, um, fire and gun. So it looked like the gun was pointing at the officer in the emoji, “Clark County Det said. Rodrigo Osario told investigators. “We didn’t see it, but it was just a warning to say, ‘Hey, this is what he’s posting so be careful.'”

The encounter lasted about four and a half minutes, according to the investigation documents and dispatch audio.

Peterson, who was driving a Mercedez-Benz, pulled into the property at around 5:51 p.m. Two detectives soon drove around his car and parked in the back and on the hood of his car. Peterson then fled on foot and ran around the hotel. He was carrying a gun and he was also starting to send messages on his phone. He eventually ran to a closed bank in the south.

There he met detectives Robert Anderson and Jeremy Brown. A third man, Deputy Jon Feller, had also arrived to replace. Peterson had called Selto on FaceTime. Brown later told investigators it appeared that Peterson was “live streaming” the encounter.

Peterson walked south to the end of the parking lot, video footage showing while the three MPs are arranged around him. Peterson finally turned and ran back north. The footage then shows him falling down.

Anderson later told investigators that he fired because he believed Peterson had an opportunity to surrender or drop the gun. When Peterson fled north, he said he “drew the line in the sand” and feared Peterson would shoot other MPs or detectives on the way to the encounter.

I said, ‘I’ve given enough orders suspiciously. If he takes one more step, I’ll shoot him, ”Anderson told investigators. Witnesses said they heard a volley of gunfire. Security footage shows Peterson running away and then falling.

The footage shows Peterson getting up from the ground and stretching an arm after the first volley of shots. Officers say he aimed a gun. His family and lawyer say the item could be a cell phone. According to the investigators, the three MPs together fired 34 shots and hit him four times.

Less than 24 hours later, Atkins, the sheriff, held a press conference saying Peterson appeared to have fired two rounds. Investigators found no evidence. Peterson Sr. called the sheriff’s statements “irritating”.

“In order for him to come out and say … that my son fired two rounds, my wife and I said ‘Prove it’ at first,” said Peterson Sr. “You have to show us some cartridges, show us some gunpowder on his hand – give us evidence before posting this false story that our son shot law enforcement agencies. “

“Darvin Zimmerman doesn’t know me”

Peterson’s death remains a major controversy in the region. His family said his death left a constant emptiness in their daily life.

Peterson Sr. said he and his son bought a high chair together for Peterson Jr.’s baby daughter shortly before his death. Selto, the mother of Peterson’s daughter, said one of the two favorite things to do is cook seafood together.

“We’re used to Kev walking through the door with his daughter, bringing her over to visit, taking her in my arms and just hanging out with us,” he said. “It’s really hard because if you’ve been used to something for 21 years and he’s gone now, it’s hard. But it’s just an everyday process. “

In addition to a possible lawsuit, Peterson’s death has sparked a major settlement for police in the area. On Monday, Vancouver’s top employees outlined plans for the use of body cameras by spring 2022.

His death also shed light on racism in court. On March 9, Clark District Court Judge Darvin Zimmerman said on a hot microphone that Peterson was “a black man they wanted to make an angel of.” The judge said Peterson Sr. “woke up with dollar signs in his eyes.” The comments were largely reprimanded and Zimmerman has left for an indefinite period.

“Darvin Zimmerman doesn’t know me,” Peterson Sr. said. He declined to say whether he wanted to see Zimmerman retire or step down. “The comments he made about me and my son don’t reflect who we are as men. Kevin is an outstanding young man who is deeply loved by his family members and friends, those who knew him. I’ll leave it at that. “

Both Selto and Peterson Sr. expressed frustration with the investigation, saying they often felt they were out of date. They said the initial stab and confusion over rap lyrics indicated that detectives “didn’t investigate.”

“Kevin had no criminal record. He has no record of fighting the police and shooting at the police, none of it, “said Peterson Sr.” If they had done their investigation, they would not have approached the situation as they did. “

When asked what he thinks about most often regarding the shooting, Peterson Sr. said he wished his son had given up on himself. He said he wished the police had used tasers.

“It would have been a different result,” he said. “Who knows?”