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Moore Officer Involved Shooting

Moore Officer Involved Shooting

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Published by sunnews820
Narrative from the Kitsap County Prosecutor's Office report on the July 23, 2010 officer-involved shooting in Silverdale.
Narrative from the Kitsap County Prosecutor's Office report on the July 23, 2010 officer-involved shooting in Silverdale.

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Categories:Types, Legal forms
Published by: sunnews820 on Aug 27, 2010
Copyright:Public Domain

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05/16/2013

 
Kitsap County Prosecuting Attorney’s Office
August 26, 2010 Netter ShootingJuly 23, 2010Unincorporated Kitsap CountyProsecutor’s AnalysisJust before 10:25 p.m. on the night of July 23, 2010, Poulsbo Police Officer Darrel Mooreinitiated a traffic stop of a white Honda Accord driven by Matthew James Netter. Althoughinitially cooperative, within minutes Netter, without provocation, threatened Officer Moorewith a pistol. In response to the threat, Officer Moore deployed his service weapon, firingnine shots at Netter. Netter was struck eight times and died of his wounds. Officer Moorewas absolutely justified in his use of deadly force. We decline to prosecute.I base this conclusion on the results of the investigation conducted by the Kitsap CountySheriff’s Office. The record created by that investigation is very complete and includes avideo and audio recording of the entire transaction between Officer Moore and Netter. ThePoulsbo Police Department has equipped most of its patrol cars with video cameras. Thecameras are permanently mounted and are oriented to make a video-and-audio taped recordof the action immediately in front of the patrol vehicle. Officer Moore’s car had thisequipment. There is also an audio recording of all the radio traffic generated by thistransaction. While on patrol, all Kitsap County law enforcement officers are in constantradio contact with Kitsap County Cencom, the County’s emergency dispatch network. Patrolofficers maintain communication through radios in their patrol cars and radios carried ontheir persons. Cencom records the time and content of all radio calls.July 23, 2010 was a Friday. Silverdale Whaling Days, a community celebration scheduled tolast through the weekend, was just getting underway. The Silverdale area is part of unincorporated Kitsap County.
Russell D. Hauge
Prosecuting Attorney
Carol I. Maves
Office Administrato
Christian C. Casad
Case ManagementDivision Chief 
Timothy A. Drury
Felony and JuvenileDivision Chief 
Claire A. Bradley
District/MunicipalDivision Chief 
Jacquelyn M.Aufderheide
Civil/Child SupportDivision Chief 
www.kitsapgov.com/pros
 
Although an officer of the Poulsbo Police Department, Officer Moore was working inSilverdale as part of a Driving Under the Influence of Intoxicants (DUI) enforcementemphasis patrol. From time to time, the local law enforcement agencies in Kitsap Countyand the Washington State Patrol will join together and focus DUI enforcement efforts on a particular geographic area of the County. A DUI emphasis patrol is publicized beforehand todeter potential drunk drivers. All participating officers are commissioned to exercise lawenforcement authority throughout the County.Moore was assigned to the Silverdale area as part of the emphasis patrol. He was in fulluniform and driving a clearly marked Poulsbo Police Department patrol car. Navy PettyOfficer Erik Nelson was also in the car as a civilian observer. Civilian “ride-alongs” are aregular part of local law enforcement practice.Just before 10:25 p.m. Officer Moore noted a vehicle eastbound on NW Bucklin Hill Roadnear its intersection with Mickleberry Road. It was a white Honda Accord, Washingtonlicense number 876 WTW. It had swerved suddenly in its lane of travel. Given the time of day, the community celebration, and the heavy traffic, this swerve gave Officer Moore areasonable suspicion that the driver might be under the influence of intoxicants. Officer Moore engaged his emergency lights, signaling the Honda to stop. He informed Cencom ashe did so.There was one person in the vehicle: the driver, Matthew Netter. He responded immediatelyto the patrol car’s lights by pulling off to the side of Bucklin Hill Road. Officer Mooreexited his car and approached Netter’s Honda. Netter remained in his vehicle. Traffic onBucklin Hill road was very heavy, so Officer Moore asked him to continue on less than a block and turn right on Mickleberry into the parking lot of Timberland Bank. The bank wasclosed for the weekend, and that part of Mickleberry is not heavily traveled. The Officer’s plan was to continue the contact in an area that would not interfere with the heavy WhalingDays traffic.
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 Netter complied, pulling into the empty parking lot and stopping. Officer Moore positionedhis vehicle behind Netter’s Honda. Netter remained seated in his car, and Officer Mooreapproached the driver’s side. The civilian rider followed and took up a position behindOfficer Moore.Standing by the Honda driver’s door, Officer Moore explained the reason for the stop andasked to see the documents necessary to lawfully operate a motor vehicle: driver’s license,vehicle registration, and proof of insurance. Netter produced a Washington driver’s license. Netter told Officer Moore that the swerve noted by the officer was necessary to avoid a car entering his lane from a side street. Officer Moore responded politely.Approximately three minutes into the contact, the officer received a radio transmission fromCencom advising that Netter presented a possible safety risk. The dispatchers at Cencom canimmediately access the electronic law enforcement records associated with identifyinginformation, like a vehicle license number. When Officer Moore informed Cencom that he was stopping a car identified by Washington plate 876 WTW,the dispatcher automatically checked to see what, if any, criminal history was associated withthe vehicle. Netter had been the subject of a domestic violence allegation on March 6, 2010.He had been driving the Honda at that time. The Port Orchard Police Department hadinvestigated that incident and included in their report information from witnesses allegingthat Netter had access to weapons and had indicated a willingness to fight with lawenforcement.
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This information was linked to the plate number. When Cencom ran its check on July 23, that portion of the prior report came up and was relayed to Officer Moore for hissafety. Netter heard the transmission and denied the allegations. Office Moore continued to respond politely, assuring Netter his only interest was that they both be safe. He told Netter that toensure their safety, he intended to check Netter’s person for weapons. In this kind of situation, a simple pat-down by the investigating officer is necessary and legal.
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See Port Orchard Police Department Report Number D10-000589M
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