The internal affairs report on the Dec. 21 incident was made public Wednesday.  

In the Tuesday letter announcing the punishment, Acting Commander Dave King credited Evans­ for calling 911 to report the incident at Top Choice Meat Market. On the other hand, King wrote, the dispute “resulted in widespread local and some national media attention, much of which was negative toward you and the department.”

King also took into consideration that nobody was injured and that the behavior was a first for Evans.  

“Taking the totality of the circumstances surrounding this incident into account, you placed yourself in the position of making your private life public, and in doing so brought discredit on yourself and other members of the Vancouver Police­ Department. Therefore, I am issuing this letter of reprimand with the expectation that your conduct in the future will meet Vancouver Police Department standards,” King wrote.

Butcher Mike Brannan, 50, said Wednesday he still feels slighted that Evans wasn’t charged with a crime for drawing his gun.

Prosecutors declined to file charges, saying Evans could argue he was acting in self-defense. Brannan also was not charged, despite a recommendation from the Clark County Sheriff’s Office that he be charged with fourth-degree assault for allegedly shoving a heavy box of meat at Evans.

Brannan denied shoving the box into Evans.

Whether the off-duty officer was justified in pulling his gun, Brannan said, should have been for a jury to decide.

“I think the city went out of their way to cover it up, claiming there was not enough evidence,” he said. “(Evans) is only human, and he’s quite capable of making mistakes like anyone else. And he should have to answer for those, not given special privileges because of his position.”  

During the six-month internal affairs investigation, Evans spent two months on paid administrative leave followed by four months on desk duty.

His attorney, Michael Staropoli of Portland, said Wednesday he had not yet spoken with Evans about whether he had permission to comment on his behalf.
According to the transcript of his interview with internal affairs investigators, Evans said he’d gone to Top Choice to pick up meat from deer that his wife had killed and had taken to the Orchards market to be processed. The jerky had not been prepared “hot and spicy,” as Evans had requested, and Evans inquired whether Brannan would reduce the price.

Acting Commander King referenced the ensuing dispute in the letter of reprimand.

The loud exchange made other customers uncomfortable, King wrote to Evans.

“They viewed you as the problem,” King wrote.

Next, Evans went outside to wait for Brannan to bring out the order. Brannan removed his apron before he went outside, per health code, but Evans took it as a sign Brannan wanted to access a weapon.

“You know, like a guy taking his shirt off to fight, that kind of thing, it would free him up to fight,” Evans told investigators, according to the transcript.

Evans said he fell backward after Brannan shoved the box at him, and after he got up he drew his gun, prompting a flurry of calls to 911.

Brannan did not know Evans was a police officer until he was told by one of the responding officers.

Acting Commander King, in his written findings of what transpired during the incident, questioned some of Evans’ assumptions.

“You believed a merchant would attack you with a knife, yet he would have been doing so in front of his own business, in broad daylight, and in front of many customers and witnesses,” King wrote.

King also wrote that Evans should have never let the situation get so far out of hand.

“While you state your 13 years of law enforcement experience led you to realize you were being assaulted and in a non-defensible position that required you pulling your firearm, that law enforcement experience should have first led you to attempt to de-escalate the argument inside the store. Part of your training and experience involves defusing potentially explosive and confrontational situations so they do not deteriorate to the point they reached,” King wrote.

Stephanie Rice can be reached at 360-735-4549 or stephanie.rice@columbian.com.