Appeals court affirms ruling on wrongful death suit involving Kevin Peterson Jr.
PORTLAND, Ore. (KOIN) — Federal judges have once again ruled that Clark County deputies were not justified in the fatal shooting of Kevin Peterson Jr. in 2020.
According to court documents filed Tuesday, the U.S. Court of Appeals for the Ninth Circuit determined law enforcement was not justified in the use of deadly force because the 21-year-old man did not pose an immediate threat to deputies or others.
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The fatal incident drew national attention and numerous protests occurred near Hazel Dell on Oct. 29, 2020 just before 6 p.m. The Clark County Sheriff’s Office reported that the Clark-Vancouver Regional Drug Task Force was conducting a narcotics investigation, when Peterson noticed law enforcement and attempted to elude officers with a Glock .40 caliber handgun in his possession.
Court documents indicated he had been in contact with a confidential informant who notified authorities that Peterson planned to sell Xanax at the Quality Inn at 7001 NE Highway 99.
The pursuit led to deputies firing 34 shots, killing Peterson.
Clark County officials initially claimed the man fired his weapon at deputies, but a later ruling determined that Peterson never threatened authorities verbally or with the firearm. Surveillance video also showed that deputies shot him in the back as he ran away.
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The Pierce County Prosecuting Attorney’s Office dismissed the case against the Clark County deputies in August 2021, determining that their use of deadly force was “justified and lawful.”
Peterson’s family filed a wrongful death suit against the county, the involved deputies and the sheriff in May 2022. Officials filed motions to dismiss the lawsuit, but Judge Barbara Rothstein ruled the case should go to trial in September 2023.
“Although Peterson was armed and actively trying to evade police officers, the evidence, construed in his favor, suggests that he did not point the gun at anyone, say a word to the officers, make any harrowing gestures, or make any furtive or threatening movements towards the officers or the public,” the three-judge panel wrote.
The judges also added that federal officials could not “‘simply accept what may be a self-serving account by the police officer,’ because the victim — usually the best-positioned witness to rebut an officer’s testimony — is dead.”
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The recent ruling strikes down Clark County’s attempt to appeal the decision.
Peterson’s attorneys at Mark Lindquist Law announced the trial is set for early 2025.
KOIN 6 has reached out to CCSO for comment.
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