A Clark County sheriff’s deputy who fought and then shot a man during a disturbance call at a Brush Prairie home June 13 acted appropriately in using deadly force, according to a review by county prosecutors.
Interim Chief Criminal Deputy Prosecutor James Smith wrote in a report sent to Clark County Sheriff Chuck Atkins last week that the actions of Deputy Chris Story, which led to the shooting of 36-year-old James M. Kelly, were legitimate and followed the law. Kelly was injured but survived.
“Deputy Story’s actions were necessary to defend against a potentially lethal assault by Kelly,” Smith wrote.
People at the home where Kelly was shot by the deputy said Kelly had been kicked out in December 2016 for drug use. Kelly threatened to kill the family and repeatedly returned to the house to harass them, resident Rusty Mapes told The Columbian.
Mapes said the harassment prompted the family to install a security system, which recorded the deputy-involved shooting. The recording was used in the deadly force review, according to Smith’s report.
Story was dispatched shortly before 2 p.m. to the home. According to the prosecutor’s report, Story arrived and spotted Kelly lying on the hood of a car. Kelly matched the description provided by a relative whom he had assaulted, according to the report.
Story exited his vehicle and walked up to the man, asking “What’s going on?” Kelly reportedly replied “Nothing.” Then, the deputy asked Kelly for his name, according to the report.
“Kelly identified himself as ‘Vladimir Putin.’ Kelly then jumped off the hood of the vehicle, walked toward Deputy Story, and lunged at him,” the report says.
Kelly placed Story in a headlock and bent the deputy’s head toward the ground, according to the report. Story struggled to escape Kelly’s grasp but was overpowered. After some difficulty, Story was able to call for help before Kelly knocked his radio away.
The struggle continued, and the two men fell to the ground. Kelly pinned the deputy beneath him; he began to apply pressure to Story’s throat with his arm, preventing the deputy from breathing, Smith wrote.
“At this time, Deputy Story knew he could not physically overcome Kelly and believed he would soon be unconscious. Deputy Story believed Kelly was attempting to kill him,” the report says.
Story told investigators he was unable to reach his Taser weapon and believed it would have been ineffective anyway, so he decided to draw his pistol. As Kelly reportedly continued to press down on Story’s neck, the deputy warned, “Stop it or you’re gonna get shot.”
“The deputy fired one round from his pistol. Kelly did not react to the first shot, so Deputy Story fired another round. Kelly reacted immediately, allowing Deputy Story to stand up and move to a safer distance,” the report says.
Additional deputies arrived at the home shortly thereafter and examined Story. They noted he had “injuries to his person,” which were not detailed in the report. Investigators found two spent shell casings at the scene, according to the report.
Smith wrote that he reviewed the home’s video surveillance, and it was consistent with the deputy’s account of what happened.
Based on the video, media initially reported that it appeared Story shot Kelly when he escaped Kelly’s grasp and gained his footing. That interpretation was inaccurate based on the prosecutor’s report.
Kelly survived his injuries and appeared in Clark County Superior Court six days after the shooting to face two counts of second-degree assault. On July 26, the court ordered Kelly to be admitted to Western State Hospital to restore his competency, so his case can proceed to trial. Court records indicate he is still undergoing treatment for schizophrenia.
Clark County sheriff’s deputies have been involved in at least 15 shootings over the past 25 years, according to The Columbian’s archives. All of the shootings have been justified.
