Multi-million dollar lawsuit coming in deputy-involved shooting in Napavine

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – An attorney representing the family of a 33-year-old Napavine man fatally shot by a sheriff’s deputy last year filed a claim for as much as $10 million saying despite the fact backup was mere seconds away, the deputy made a reckless decision to engage in an unnecessary confrontation.

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Steven V. Petersen

“Steven V. Petersen was unarmed, standing in the middle of an intersection when he was gunned down by Lewis County Sheriff’s Officer Matthew McKnight,” Tacoma lawyer John R. Connelly Jr. wrote. “McKnight’s ‘shoot first and ask questions later’ approach to law enforcement that night, had devastating consequences for the decedent and his family.”

Connelly called it a clear cut civil rights case, noting his intent to file a complaint in federal court.

It happened on June 20 in Napavine, when police and deputies responded to an approximately 2 a.m. call that Petersen left stab holes in the door of his ex-girlfriend’s mobile home while trying to get inside and then left on foot.

Deputy McKnight found Petersen a few blocks away, and after Petersen refused to take his hand out of his pocket and began to charge McKnight, the deputy fired four shots, according to the account given by local authorities. The dead man had no knife.

Lewis County Prosecutor Jonathan Meyer concluded McKnight’s use of deadly force was justified, based on an investigation conducted by outside law enforcement officers. McKnight was also cleared by an internal review at the sheriff’s office.

The Tacoma attorney’s tort claim against the county was rejected last week by the group that provides Lewis County with liability insurance, Washington Counties Risk Pool.

Sarah S. Mack, the attorney representing the risk pool and the county, said the deputy’s use of force was reasonable, in her May 31 denial letter to Connelly.

“Indeed, there is no doubt that Deputy McKnight made the decision to use lethal force out of an objective fear for his own safety and the safety of those around him,” Mack wrote.

The tort claim was filed with the county in early April, offering to discuss a resolution, but noting the intent was to file a lawsuit in U.S. District Court at the end of a 60-day period imposed by statute.

One of the four lawyers representing the Petersen family said yesterday they intend to file within a couple of weeks.

The attorneys represent Petersen’s father, Steven O. Petersen and his 10-year-old son Lars V. Petersen. The senior Petersen and his wife now have legal guardianship of the boy. The younger Petersen’s wife died just weeks before he did.

The attorney, Julie Kays who works with Connelly, said the child struggles daily with the loss of a dad he dearly loved.

He was a good dad, she said, always there at his son’s games.

“I can tell you this, when grandpa reached out, his objective on behalf of himself, Steven and his young grandson is to make sure the truth comes out,” Kays said yesterday. “Our firm is committed to conducting a thorough investigation of this matter.”

Kays said the facts that have so far been made public are based on “the word of one officer, the one who shot and killed an unarmed man from a distance away.”

The firm, Connelly Law Offices in Tacoma, is working the case with Chehalis attorneys Dave Jones and J. Vander Stoep, of Vander Stoep, Remund, Blinks and Jones.

They’ve retained a retired King County Sheriff’s Department major crimes detective who spent the majority of 28 years investigating homicides, including officer-involved shootings, Kays said.

In the narrative in the tort claim, the Petersens’ attorney writes that back up units were each roughly 30 seconds to one minute away from McKnight’s location at the intersection of West Vine Street and Second Avenue, but McKnight did not wait for them.

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West Vine Street and Second Avenue, Napavine

McKnight had turned his patrol car around and driven toward Petersen who was walking in the middle of a deserted street,” he wrote. “Steven did not run or hide.”

“Officer McKnight immediately got out of his car, stood in the “V” of the open door, pulled out his firearm and pointed it directly at Steven.

“McKnight made no request for backup, and made absolutely no effort to calmly interact with Steven.

“Instead he pointed a firearm at Steven and within less than 30 second(s) shot and killed him.”

The Petersens’ attorney claims Petersen was standing well over 20 feet away. The county’s attorney states Petersen was less than 20 feet away.

Mack, the county’s attorney, includes that when the deputy ordered Petersen to the ground, Petersen responded with something to the effect of, “It ain’t gonna happen buddy.”

“Deputy McKnight then saw Mr. Petersen’s body posture change, saw him flex his shoulders and come forward, beginning to advance on the deputy,” Mack wrote in her response.

The Petersens’ claim summarizes that it was a  confrontation with an unarmed man who posed no threat and was recklessly created by the deputy.

“Officer McKnight’s poor decision making, inexperience, lack of training and lack of sound judgement  resulted in his unlawful use of excessive force against Steven,” Connelly wrote.

McKnight, 27, had been with the sheriff’s office a little more than four years. Sheriff Steve Mansfield said at the time he was one of the younger officers they’d hired, and he thought it was McKnight’s first law enforcement job.

Kays said the people of Lewis County have a stake in law enforcement officers having proper training, proper supervision and making appropriate decision in the field when using deadly force.

“That’s what our investigation is going to focus on and review,” she said.

She just finished a trial last week in federal court in which their firm won a $1 million jury verdict in a case about excessive police force.

The case was Ostling v. the city of Bainbridge Island, and the jury found the city failed to train officers how to deal with mentally ill individuals, she said.

The county is represented by the Seattle law firm of Patterson, Buchanan, Fobes, Leitch and Kalzer.

•••
For background, read “Details emerge in Napavine officer-involved shooting” from Saturday July 2, 2011, here

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33 Responses to “Multi-million dollar lawsuit coming in deputy-involved shooting in Napavine”

  1. a friend of deceased says:

    Local law knew the guy well enough to know he never packed around knives or guns. He was a quiet guy with some personal crap. a lot had gone on in his life. and the stress was real. The officer had no reason for acting they way he did. He was not in no danger and if he couldn’t handle the ob without killing he shouldn’t be a cop.

  2. Neighborhood says:

    This was a justified shooting I do no care if he did not have time to call for back up he only had time to take care of the situation at hand .A police officer only has seconds to to make a decision a attorney has month to make the same decision on how they can make Millions. These people that are putting this crap on here -no doubt are have problems with law enforcement and are on the other side of the law. This is the kind of crap that makes law enforcement impossible to do, they do not know if they are going to jail for doing their job-or loose there job.All of the dirt bags that complaining about Lewis County Sheriffs office and and Other Police Departments in Lewis County are corrupt are no doubt criminals that have been in jail them selves. They have no idea what police work is all about. I do not think we have too many officers in the County that are not dedicated to police work. Most live it and breath it. I know there is always some bad apples but if people would support law enforcement – every bodies life in Lewis County will be better.

  3. Disgusted says:

    I am all for keeping cops in check. I can’t say I am praticularly fond of them as a whole. HOWEVER, the point here is that this piece of shit’s family is trying to get millions of dollars for what I see as a rightful shooting. If he had been doing the right thing in the first place, he’d never have been shot. Bottom line. The officer involved had every right to take him out and he could have prevented being killed had he not been such an idiot. It was probably suicide by cop.

  4. fedupwithscrewuscounty says:

    Well, I think that I must agree with soundsreasonable, and friend seems to know a little something that you people don’t. Also the only way to keep lewis county honest is to start a law suit. They do not always tell the whole truth, they only tell what is right for them. Well we don’t need what they only want and think. Corruption within the Law Enforcement is unreal. It gives the word criminal a whole new meaning, and not a good one. This county needs a positive change with-in the system, and if a law suit is the only way to get it, then, that is, what needs to be done. Its only obvious that the people are fooled by their Police, a total investigation on each and every individual cop needs to be conducted. They should have to give random drug test just as anyone else getting hired for a job, & while on the job, just as every other employed individual. What makes them immune to what we the people do, or are forced to do? They are just people too.

  5. George says:

    “fedupwithscrewuscounty” said “I think all you people are judgmental.”

    Isn’t that being judgmental?

  6. fedupwithscrewuscounty says:

    Example of police corruption; Mansfield, his son? What went on their. Officer Chief Mortensen, his wife, why she is no longer working at Security State Bank? What happened to the evidence in the Morton Police station evidence room 8 to 10 years ago? Why wasn’t anything done about some of it being at Mortensens residence?
    If you people don’t start paying attention to the actions of the Criminal Law Enforcement, well then I can’t wait to read about you getting entrapped or detained and harassed for no apparent reason, just because they have a grudge, or you got profiled, cuz you were seen talking to whom they think is the wrong person. or, you have been a person of interest for 16 years and they have nothing on you. WOW! What a waist of the tax payers money, and a total waist of every ones time.

  7. fedupwithscrewuscounty says:

    I think all you people are judgmental. Bottom line is, yes the m an did not do as he was ordered, yes the officer had only seconds to react. BUT, first off; the Officer should have called for back up the second he spotted the suspect, second; the officer should have first went for his taser, or even his billy club, or maybe even waited in side his vehicle for Back-up (which was not called) before he reacted as a Rookie might react. After all the suspect had……HAD, a knife, not a fire arm. every-one knows you don’t take a knife to a gun fight. Except maybe Mcknight. I’ve seen those tasers in action, they have, what? 15 feet clearance? It would at least have slowed the suspect down if it did not stop him. Third; I think that the internal investigation has bias, and the outside investigators should have been hired by a non-bias party. There-fore I see every reason why the family of the dead man. With the Mass Corruption with-in Lewis County Law Enforcement now a days, The Word Of Any Officer Is Questionable. If you people don’t wake up and see that, you must be just as corrupt, or most certainly just as HIGH (on meth) as they are. CHECK OUT THIS WEB SIGHT AND WAKE UP!

  8. George says:

    Yes, it is much better. And we know you are.

  9. Steven says:

    is this better? YOU ARE A MORON!!

  10. George says:

    @ “Disgusted”, you couldn’t be more right about the whole money-grabbing by the family. Portraying themselves as victims just to get a pile of money, and not once holding their son accountable for his actions….

  11. Joe says:

    You people know that reasoning, debating or arguing with an idiot is just a waste of breath, Because they don’t KNOW when they lost……

  12. Disgusted says:

    I love when a person who doesn’t know the difference between the words “your” and “you’re” calls someone else an idiot. IN ALL CAPS NO LESS. Really, who is the true idiot here? Consider the source, George.

    For those of you saying there is more to the story, I call bullshit. The bottom line is this: If this guy had been home where he belonged, taking care of his son who just lost his mother (and that the parents are supposedly suing on behalf of), he would still be alive.

    Like I said before – fuck him, and his greedy family. I hope they’d don’t get one red cent.

  13. George says:

    Steven, why don’t you try reading and comprehending what I wrote instead of jumping around calling people morons.

    First off, I never said the deputy wanted to kill the guy. He was doing the job he was trained to do, and had a short time to react. The person who was shot was advancing on him, refusing to obey his commands. Ergo, the whole “suicide by cop” bit that you mentioned. The guy brought it on himself by not obeying the cop.

    Secondly, this IS a homicide. All murders are homicides, but not all homicides are murders. This is a case where the homicide is not a murder, and it WAS justified. The person who got shot is, of course, NOT the victim (irregardless of what “Friend” might say). Yes, it is the cop who is a victim in this case, because he has to live with his decision. Of course, he made the right decision, as proven not only by an internal review of his actions, but also a review from an outside source.

    And I think you meant to say “you’re a moron”, but I’m not sure, because I’m not a moron. If you want to see a moron, look in the mirror first.

  14. Steven says:

    FRIEND… YOUR A COMPLETE IDIOT, STOP EATING PAINT CHIPS!!!

  15. Steven says:

    George your a MORON and obviously know nothing about “use of force” or Law Enforcement. The Deputy was the victim here, are you going to tell me he wanted to kill this guy??? This was a clear suicide by cop!

  16. George says:

    “Steve”, this WAS a homicide (all killings are homicides), but it was classed as “justified”, meaning the deputy was justified in the use of force against a suspect who a) refused to take his hands out of his pockets when ordered to, b) refused to lay down on the ground when ordered to, and c) was charging the officer, refusing to stop when ordered to. An outside agency determined that the shooting was justified, and the officer was also cleared in an internal investigation.

    “Free Air”, you left out the aliens. You can’t have conspiracies without aliens.

    “Friend”, how much of the take is the family giving you to spout off your “but he was a victim” nonsense? Or are you another one of those people who think that everyone is a victim, and that nobody is ever responsible for anything they do?

  17. Free Air says:

    Friend says:”There are many facts that have not been made public. Lots of cover-up….”

    Let me guess. You and your magic computer based hacking team found a secret algorithm that has uncovered records from a parallel universe that shows undisclosed evidence that somehow was buried by the four or five different investigating agencies after they erased the 911 call center tapes and recorded in fake noises of a 911 call with a knife hacking through a door in the background, and conformation by the shift sergeant that knife holes were found in a door and or car hood. Further, only you discovered that the suicide note was faked, the entry paths of the bullets that stopped the charge against the deputy showing the suspect (not victim) was shot in the body several times, yet kept on charging were really drilled in later to make it only look like he was hunched over and charging the deputy and not enjoying a cup of espresso with a state trooper in Longview for the past hour and not stabbing his way through a door.
    In your world there must be:
    No suicide note.
    No knife attack.
    No sergeant confirming knife plunges through a door and or car hood.
    No 911 recording documenting the events.
    No suspect charging a deputy who gave orders loud enough that several other people in their homes heard it!
    No hidden hands.
    No refusal to obey the deputy’s lawful orders.
    No body shots that did not stop the suspects charge, only one bullet to the head or neck.
    No valid or accurate investigation by the other agencies in western Washington who did the investigation on the shooting.
    No training through the Washington State Dept. of Criminal Justice Law Enforcement Academy and the Sheriff’s Office.

    Am I missing anything else necessary to make your conspiracy work???

  18. friend says:

    You guys have NOT been given the full story and this family wants the truth to be known; not what the media has been fed as “facts”.
    It is easy to respond in ignorance when the truth has not been told. There is so much more to this investigation and many of you will be changing your opinions when the events and actions of those involved is made truth. This man was shot brutally …….unarmed . Killed. Can’t wait for everyone to know “the rest of the story”. As the story has been told by those who have lots to protect, I would be against the family, too. You can’t judge what you do not know.

  19. LC CITIZEN says:

    First of all, the family should have no basis for a lawsuit. The shooting has already been deemed a good shoot from an outside agency as well as an internal investigation by the sheriff’s office. 

    That alone should put a stop to all of this nonsense. But of course not because now we have a family out there who is seeing green after the actions of their son and their son alone. They have also apparently refused to pull their head out of whatever dark hole it’s been in ever since their son started down the path that got him an ending like it did. If they were so involved in their sons life then maybe they should have been there all along to help him out – Not now while trying to fill their little piggy banks.

    The deputy here was simply responding to what was reported – A man with a knife stabbing holes into a residence trying to get in, then reportedly leaving on foot. The deputy then finds the suspect who now refuses to take his hands out of his pockets and says “It ain’t gonna happen buddy”. Well I’m sorry, but if you can’t keep yourself out of bad situations to begin with then you ought to learn to mind the police when they tell you to do something especially when they have a gun pointed at you. If you can’t comply with what they are saying by the time it comes down to that then the rest is on you buddy. 

    Regardless of the “alleged” claims of the ex girlfriend false reporting that night it doesn’t matter. When you call to report a home invasion robbery or anything else in progress or that has just occurred with a suspect or suspects leaving the area, do you want the responding officers to call you first and investigate to make sure what you’re reporting is true or not first? Or would you rather have them respond directly to the area to find the bad guys? I would assume the latter. 

    The end result here is no ones fault except for Steven Petersen himself. He had the option to choose a different outcome for himself and his child and the choice HE made had life altering results for his child. 

    People need to stop these frivolous lawsuits with police after their “loved ones” are killed because of their own dumb actions.

  20. Steve says:

    The Deputy acted off the information he had at the time, remember that folks. The suspect would not take his hands out of his pockets and the Deputy was told he was armed. The suspect then charged the Deputy. This was a justified shooting not a “homocide” as FRIEND said. Regardless of what this guy was on or what type of problems he had he can thank himself for being dead. Now the family is looking for nothing but money. He had enough of life and chose to take the cowards way out. Sad situation for everyone involved.

  21. friend says:

    There are many facts that have not been made public. Lots of cover-up for something that should have never happened. The dead man can’t speak and the people to blame do not want to be responsible and have exaggerated and circled their wagons to protect the truth from getting out. This is a homicide. If it takes a law suit for these guys to admit their cover-ups and bring needed changes to Lewis County …so be it. Did any of you know the victim had a brain tumor, seizures and was having his own tragedies? That the girlfriend had his medicines and that he was trying to get them? That he was friends with the local police and might have been walking toward an officer he thought he knew, that he was having a seizure and not hearing and thought there was no threat. He had NO weapon and was a little guy. So much needs to be made public and I hope the victims’ family gets help for the little boy left parentless. So far the only thing made public is what Lewis County has told us . Don’t judge what you do not know. The facts say “Homicide” ……

  22. Free Air says:

    Just when I think I’ve seen how low people can go, someone surprised me again by trying to get rich off of a suicide-by-cop shooting. How utterly pathetic!

  23. sunshinegirl says:

    I have some personal knowledge of the ex- girlfriend and I would investigate her like crazy. I would not believe anything she says. Alot of the information I have read hinges on her testimony and the minute I read her name I knew that guy never stood a chance. I actually told one of her exs right to his face to ” Run do not walk to the nearest exit”. She has quite the history.

  24. SoundsReasonable says:

    The quote from the officer didn’t say he moved, it said “he flexed his shoulder”. He also didn’t call for backup.

    Regarding the law firm, if I were asked to choose whether to put trust in the current Sheriff or Jay Vanderstoep, I would pick Jay….EVERY time.

    So – you guys really think he should be shot for not taking his hands out of his pockets (as opposed to waiting for backup or using non lethal methods)?

    Should the assumption always be…. kill first, cause he might be dangerous? If not, then why not? Do cops make errors in judgment? What kind of folks are attracted to being a cop?

    My experience is that you see what you are looking for. If you are looking for a crazed killer, you will respond as if everyone around you is a potential crazed killer. Sort of like, when your only solution is a hammer, all your problems start to look like nails.

    I think the Seattle Police department presents several examples that cops make errors in judgment. And perhaps proof that a certain “type” of person is attracted to law enforcement. We used to call them “short man, heavy badge” syndrome.

    And the ONLY solution is a lawsuit… because that sort of attitude tends to run through an entire agency, again, as evidenced by the Seattle department.

  25. Steve says:

    Even if the guy Shot a booger on his badge at 21 feet the cop was so scared,he would have still shot him ….•_•

  26. Don says:

    The guy had already committed assault when he stabbed someone’s door. Remember, assault is not to be confused with battery, assault is the threat (common law, not statutory). So, you have this guy who is reportedly dangerous and the first deputy on the scene sees him and wants to stop him from harming anyone. However, the guy not only won’t remove his hand from his pocket, he makes a movement the deputy interprets, in the .2 seconds he has to think about it, as threatening.

    What is this nonsense that the deputy should not have responded? How did the deputy know backup was seconds away? Not to mention, what good is backup when an assailant can cover 21 feet in a knife attack faster than a deputy can draw his weapon and fire?

    Everything about this says it was a justified shooting. Maybe not one anyone feels good about, but justified.

    I also can’t help but notice the law firm of Vander Stoep, Remund, Blinks and Jones is involved. This firm is well known for their opposition to the current sheriff and desire to have a sheriff they can control. This looks political to me.

  27. George says:

    Hmmm… I wonder if I can get this “law firm” to file suit against someone, so I can get a pile of money I don’t deserve… after all, this shooting did leave me traumatized….

    But, sarcasm aside, I do hope that they get nothing…. the guy had his hands in his pockets, would not show them to the cop when asked, and advanced on the cop after being told to stop. All of this after he had stabbed all sorts of holes into a door, so the deputy had no idea if the man was armed, which is why he told him to stop, take his hands out of his pockets, and get on the ground… none of which happened.

    Yeah, let’s just give some money to these people and say it is the fault of the cops, not the fault of the guy who wouldn’t do what he was told to do (who had already tried doing nasty things to another person only minutes before…)

  28. me says:

    Really, there are no good reasons to be a cop anymore. Just doin’ their duty = lawsuit. At the end of the shift, these guys just want to get home to their families. There are bad apples in any group, but this was not a case of a harmless homeless guy whittling trees. There are few enough deputies in LC, so let’s make it harder to get decent ones by suing the good ones we have.

  29. Steve says:

    Yes the guy should have took his hands out of his pockets and not approached the police offcer but that’s why lewis county spends thousands of dollars on taser guns and other non lethal weapons….. even back in the old days ,if someone approached them they still did not shoot him, they just smacked him with a slap jack…. I understand law enforcement has a rough job but if they’re going to do the job, they can’t meet be so scared ! •_•

  30. Disgusted says:

    I agree with Linda. The idiot tried to break into an ex’s home and left STAB MARKS IN HER DOOR. Then, when an armed cop tells him to get his hands out of his pockets (and he had every reason to think the suspect was armed with a knife) failed to do so and started moving in his direction, he shot him. Good for him. I’d have done the same. I hope the family doesn’t get a cent. We have become such a litigous society it makes me want to vomit. Anyone can sue at any time for anything. It’s ridiculous. If this dumbass had been living right instead of stalking his ex, he would still be alive today. Fuck him and his greedy family.

  31. Joe says:

    Great! More wasted tax $$$ on a clearly justified shooting. Not that it was a good situation.

  32. SoundsReasonable says:

    These quotes say to me there is some basis for the law suit:

    “the word of one officer, the one who shot and killed an unarmed man from a distance away.”

    “McKnight made no request for backup, and made absolutely no effort to calmly interact with Steven.”

    “Deputy McKnight then saw Mr. Petersen’s body posture change, saw him flex his shoulders and come forward…”

    Flex his shoulders? How does that correlate with “moving forward”? I am sitting here, flexing my shoulders and I gotta tell ya, my legs are not at all moving. I also respect the heck outta the law firm that has decided to take the case… I don’t believe they would take a case based on greed and vengeance.

  33. Linda says:

    Maybe the guy should have just stopped like he was told. I bet if any one of you individuals had someone coming at you, Are you just going to stand there and do what, wait and see what he is going to do to you.