Police and emergency personnel respond to the scene of a deputy's shooting of a bank robbery suspect on June 13 west of Battle Ground. Kenneth Allen Pointer was shot by an officer after robbing a downtown Vancouver bank and fleeing the scene, according to police. (Columbian files)
A deputy who fatally shot an unarmed robbery suspect in June was justified in using deadly force, according to a review of the incident by the Clark County Prosecuting Attorney’s Office.
Following a pursuit with authorities, robbery suspect Kenneth Allen Pointer did not show his right hand when deputy Albin Boyse yelled at him to do so, according to a letter dated Thursday that outlines the decision. Boyse believed Pointer was reaching for a weapon, and Boyse feared for his life when he shot and killed Pointer, according to the document.
The letter, written by Clark County Prosecuting Attorney Tony Golik and addressed to Sheriff Chuck Atkins, cleared Boyse of any wrongdoing in the shooting. It gives the following account of events:
Pointer, 43, of Portland approached a teller at the US Bank at 1607 Main St. on June 13 and handed her a note that read “Robbery, 20’s, 50s.”
The teller handed over $729 in cash, which included a hidden GPS tracking device. Pointer fled the scene in a blue Suzuki Samurai. and law enforcement tracked Pointer’s speed and direction as he traveled north on Interstate 5.
Boyse, an 18-year veteran of the sheriff’s office, was working as a school resource officer at Columbia River High School when he heard of the incident over his radio. He drove north on the highway, heading to the intersection of Northeast 10th Avenue and 219th Street in Battle Ground to intercept the suspect.
Spotting the Suzuki, Boyse activated his overhead lights and followed the vehicle, but Pointer did not pull over.
Several police vehicles were stopped at Northeast 10th Avenue and 219th Street. As the Suzuki neared the intersection, Boyse used a pursuit-intervention technique and rammed the vehicle, causing it to crash.
When the vehicles came to a stop, Boyse’s driver’s side door abutted Pointer’s driver’s side door and the two men locked eyes.
Boyse told investigators he could see Pointer’s left hand but said his right hand was out of sight and that Pointer appeared to be reaching under his seat with his right hand. Boyse drew his pistol and yelled at the top of his lungs for Pointer to show his hands, according to the letter.
“Although the window of his vehicle was up at this time, (Boyse) believed his voice should have been audible outside of his vehicle,” according to the letter.
Boyse said he believed he was about to be shot and fired three rounds at Pointer, killing him. No weapon was found on Pointer or in his vehicle.
In the several seconds between the pursuit’s end and Boyse’s gunshots, some deputies at the scene reported hearing voice commands while others did not.
“Even if he could not hear Deputy Boyse, it is only reasonable that Mr. Pointer should have put his hands up when he looked at Deputy Boyse and saw an officer with a gun pointed at him,” Golik wrote.
The letter goes on to say: “Deputy Boyse was forced to make a split second decision. Deputy Boyse believed Mr. Pointer could hear his verbal commands and that Mr. Pointer was choosing to reach for a weapon rather than give up and show his hands. Although Mr. Pointer did not in fact have a weapon, Deputy Boyse’s conclusion that Mr. Pointer did have a weapon was reasonable under the facts and circumstances known to Deputy Boyse.”
A toxicology report indicates that Pointer had methamphetamine and alcohol — beyond the legal driving limit — in his system.
Pointer had two prior bank robbery convictions, in 1998 and 2006, but both were prosecuted federally, so the June 13 incident would not have counted as a third strike against him. Pointer may not have known that, however, and may have been concerned about going back to prison, Golik said.
At the time of the shooting, “it is possible Mr. Pointer may have believed he would be convicted of a third strike and serve a mandatory life sentence if he were arrested for the bank robbery he committed in the current case,” Golik wrote.
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