Clark County announced Wednesday it has agreed to pay the family of Kevin Peterson Jr., a 21-year-old Black man who was shot and killed by sheriff’s deputies during a drug sting in October 2020, $1.25 million to settle a federal wrongful death lawsuit.
Three deputies fatally shot Peterson on Oct. 29, 2020, as he ran, armed with a handgun, from the scene of a planned sale of 50 Xanax pills. The shooting was in the parking lot of a shuttered U.S. Bank branch, 6829 N.E. Highway 99, adjacent to the Hazel Dell Quality Inn, where the drug sale was set to take place.
The Peterson family’s complaint alleged wrongful death, negligence, excessive force and brutality, unreasonable seizure, and deprivation of familial relationships. The lawsuit targeted the county, as well as sheriff’s Detective Robert Anderson, who the complaint said fired the first shot at Peterson; Deputy Jonathan Feller, who also shot at Peterson; former Sheriff Chuck Atkins; and others the suit alleges were negligent in Peterson’s slaying.
In a Wednesday news release, the county said the settlement “allows the parties to move on from this unfortunate event.”
“While the loss of life is always tragic, I fully support the actions of my deputies, who acted in accordance with their training and the law to protect themselves and our community,” Clark County Sheriff John Horch said in the news release. “We will continue to focus on our mission to serve and protect. I stand firmly behind the men and women of the Clark County Sheriff’s Office.”
An attorney for Peterson’s family, Angus Lee, said the settlement acknowledges Peterson’s loss and holds the county accountable. He said he hopes the settlement signals a move toward better practices at the sheriff’s office.
“This case has highlighted the urgent need for improved training for officers, particularly regarding use of force and arrest procedures,” Lee said in an email Wednesday. “While no amount of money can bring Kevin back, we hope this outcome serves as a step toward meaningful change within the Clark County Sheriff’s Office.”
In August 2021, an outside prosecutor’s office tasked with reviewing the shooting found it was legally justified. It determined Anderson, Feller and Detective Jeremy Brown, who also fired at Peterson, had acted in “good faith,” meaning a similarly situated law enforcement officer would have also used deadly force under the circumstances. (Brown was shot and killed during a July 23, 2021, stakeout of three suspects in a gun-trafficking investigation.)
However, investigators’ findings and the family’s lawsuit differ in their accounts of what happened.
Investigators concluded Peterson had committed conspiracy to deliver a controlled substance and attempted assault on law enforcement when he pointed a loaded Glock 23 .40-caliber pistol at pursuing deputies.
The lawsuit contends Peterson did not threaten nor point the gun at pursuing deputies, and the object seen in his hand was actually a cellphone; he had been using FaceTime with the mother of his child during the incident.
The lawsuit was scheduled to begin trial Nov. 12 in U.S. District Court in Tacoma.
