Kitsap Co. sheriff: Settlement sends wrong message

PORT ORCHARD, Wash. – Kitsap County officials are opposing a settlement the prosecutor calls "an affront to our deputies."

In 2006, deputies shot and killed 26-year-old Shane Williams, a machete-wielding man who ignored their orders and ran toward them with the deadly weapon.

Williams' parents filed a lawsuit against the deputies and the county, prompting the Washington Counties Risk Pool to reach a settlement with the plaintiffs for $217,500.

Risk pool managers weighed the costs and benefits, and decided on a one-time payout over a long, drawn-out civil trial. The settlement comes with the stipulation that Kitsap County admits no wrongdoing.

The order approving the settlement was filed on Thursday in U.S. District Court in Tacoma, prompting sharp criticism from officials, including Kitsap County Sheriff Steve Boyer.

"I understand business decisions, the cost of going to court, the risk versus the benefit. But at some point, you've got to stand up for principle," he said. “To settle out of court when the prosecutor disagrees, I disagree, the risk manager disagrees, the county commissioners disagree -- this sends the wrong message out here."

County commissioners, who call the suit "meritless" and "frivolous," want to take the case to trial.

"Settling meritless suits rewards criminal actions and it jeopardizes the safety of any law enforcement officers who may delay reacting, for even a second; that delay may cost innocent lives," said Kitsap County Commissioner Steve Bauer.

"The deputies in this case did no wrong, and should be recognized for the duty they performed and continue to perform on our behalf," said Kitsap County Commissioner Josh Brown. "We stand strongly behind our deputies."

On May 16, 2006, someone called 911 and told the dispatcher to "Send police," before hanging up, according to investigators.

Two deputies responded to a home near Bremerton at approximately 4 a.m. As they approached the house, the deputies shined their light on the porch. That's when they saw the machete-wielding man coming at them, detectives said.

The deputies retreated and repeatedly ordered the man to drop the weapon, investigators said, but the knife-swinging man continued toward them.

The deputies opened fire and killed the man. An investigation concluded the deputies had acted in self-defense.

But Cecilia Chichester doesn't believe that.

"They (the deputies) asked each other if they had a Taser, and neither of them did. And then they decided to shoot him nine times," she said.

Chichester, convinced her son was wrongfully killed, filed the suit. But Kitsap County Prosecutor Russell Hauge doesn’t believe the deputies did anything wrong.

"The law is very clear: peace officers have the right to take steps necessary to defend themselves," he said. "When faced with someone wielding a machete - a clear case of 'suicide by officer' - our deputies and officers have the right to defend themselves with lethal force.

"This case should have been tried and it would have been won."

The Washington Counties Risk Pool is a 28-county public agency that provides liability coverage for the counties. A representative from each county is on the board of directors, which provides policy direction.