The death of Kevin Peterson is a tragedy. The 21-year-old Black man was fatally shot in October by Clark County Sheriff deputies.
Yet while we join our community in grieving the loss of a young life, a ruling from the Pierce County Prosecuting Attorney’s Office that the shooting was lawful and justified is reasonable and thoughtful.
“It is tragic that Mr. Peterson lost his life,” the 20-page decision reads. “But he made the regrettable decision to distribute drugs and, in the course of felony drug dealing, threaten to shoot the police. He took the gun with him when he unlawfully fled from the Mercedes, he retrieved it after dropping it despite commands to leave it where it was, and he pointed it at the containment officers who met him at the U.S. Bank.
“There was no legal requirement for the officers to allow Mr. Peterson to fire first before defending themselves. They did not have to wait for him to pull the trigger.”
Peterson reportedly had agreed to illegally sell 50 Xanax tablets in what turned out to be a drug sting. As he attempted to flee, officers fired 34 rounds and struck Peterson four times. Investigators concluded that Peterson had pointed a loaded Glock 23 .40-caliber pistol at deputies.
Contrary to initial reports from officers — a report falsely echoed at the time by Clark County Sheriff Chuck Atkins — Peterson did not fire. For officers in a tense, life-or-death situation, that does not matter. Nor should it.
If somebody points a gun at law enforcement, officers are entitled to respond in order to protect themselves and the community. While we can empathize with the loss felt by Peterson’s family and friends and those who question the legitimacy of the shooting, imagine for a moment the view from the other side of the altercation.
If you are a family member of an officer who has a gun pointed at them, you would hope that a fellow officer would fire on the perpetrator. If you are a family member of a bystander threatened by somebody with a gun, you would hope that officers will end the threat.
Pierce County officials determined the deputies acted in “good faith,” meaning the typical officer in a similar situation also would use deadly force. The “good faith” test was established by Initiative 940, passed by statewide voters in 2018.
While the standard is nebulous, so are the circumstances surrounding any use of deadly force. Officers cannot assess the intentions of a fleeing suspect in a split-second; they must act on instinct reinforced by their training.
That being said, police training also deserves scrutiny. Three deputies fired 34 shots at Peterson, with 30 of them missing the target. That level of firepower in a public location endangers bystanders.
Peterson’s death rightly generated questions from the public about police conduct and the use of deadly force. At a time when the nation is undergoing a necessary reckoning over police brutality, police must be held accountable for their actions.
Clark County Prosecuting Attorney Tony Golik in December asked Pierce County prosecutors to examine the case, in an attempt to ensure the independence of the investigation. “While the loss of life in this case was tragic, I concur with the well-reasoned analysis of the Pierce County Prosecutor’s Office in this case,” Golik said.
That likely is of little solace to Peterson’s loved ones. But justice is not about receiving the outcome you desire; it is about having fair and equal access to the system. The decision from Pierce County prosecutors is reasonable and thoughtful.
