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1 The Honorable Julie Spector

Note for Hearing: June 26, 2018
2 No Oral Argument Requested

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7 IN THE SUPERIOR COURT OF WASHINGTON FOR KING COUNTY

8 Commissioner Eric Watness, as Personal
Representative of the Estate of Charleena NO. 17-2-23731-1 SEA
9 Lyles; Karen Clark, as Guardian Ad Litem
on behalf of the four minor children of
10 decedent,
PLAINTIFFS’ MOTION FOR A FINDING
11 Plaintiffs, THAT OFFICER JASON ANDERSON
v. HAS PROBABLY COMMITTED
12 PERJURY AND FOR TRANSMITTAL TO
The City of Seattle, a Municipality; Jason M. THE PROSECUTING ATTORNEY
13 Anderson and Steven A. McNew, PURSUANT TO RCW 9.72.090
individually,
14 Defendants.

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I. RELIEF REQUESTED
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COME NOW the Plaintiffs, Commissioner Eric Watness, the Personal Representative of
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the Estate of Charleena Lyles; and Attorney Karen Clark, the Litigation Guardian Ad Litem for
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the four minor children of Charleena Lyles; by and through their attorneys of record, and move
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this Court for a finding that Officer Jason Anderson has probably committed perjury of a
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material fact and for referral to the Prosecuting Attorney pursuant to RCW 9.72.090.
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23 PLAINTIFFS’ MOTION FOR A FINDING THAT OFFICER STRITMATTER KESSLER WHELAN
JASON ANDERSON HAS PROBABLY COMMITTED PERJURY KOEHLER MOORE
3600 15th Ave W, #300| Seattle, WA 98119
24 AND FOR TRANSMITTAL TO THE PROSECUTING ATTORNEY Tel: 206-448-1777
PURSUANT TO RCW 9.72.090 - 1
1 II. ISSUES PRESENTED

2 2.1 This Court may determine that Officer Jason Anderson has probably committed
perjury on a material fact related to the shooting death of Charleena Lyles on June
3 18, 2017;

4 2.2 Pursuant to RCW 9.72.090, this Court may order Officer Jason Anderson
to appear to answer such charge and then refer the matter to the
5 prosecuting attorney.

6 2.3 The perjury committed is significant and undermines the integrity of the
Force Investigation Team investigation, the Crime Scene Investigation, the
7 Force Review Board, and these civil proceedings.

8 III. FACTUAL BACKGROUND

9 3.1 On June 18, 2017 officers Jason Anderson and Steve McNew entered Charleena Lyles’

10 apartment and minutes later shot her. The facts leading up to the shooting have been previously

11 alleged, pled and since they are not the focus of this particular motion will not be restated for

12 brevity’s sake.1

13 3.2 The officers did not wear body cams. Instead they were equipped with an in-car video

14 (ICV) system – which is an audio recording system that they wear on their uniforms that is

15 connected to their vehicles. After the incident Officer Anderson reviewed the video, the Force

16 Investigation Team (FIT) report2 as well as the transcript3 many times and they represented

17 generally what he remembered.4 The ICV system5 was later used by the Force Investigation

18 Team to reconstruct a timeline of events including6:

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1
Before he shot Charleena Lyles, Officer Anderson was directed by Officer McNew to deploy his taser. His
20 response was that he had not brought the taser. Following the shooting it was discovered that Officer Anderson had
violated police policy, failed to bring his taser, and failed to notify his superior that he had decided to not bring a
21 taser. He was subjected to an internal investigation and suspended. See Seattle Police Department Disciplinary
Action Report Ex. 1
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22 Jason Anderson Deposition Vol. II. p. 236. Designated Deposition Exhibit 71. See excerpts attached as Ex. 2
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Jason Anderson Deposition Vol. II. p. 187-188. Ex. 2
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Jason Anderson Deposition Vol. II. p. 193-194 Ex. 2
23 PLAINTIFFS’ MOTION FOR A FINDING THAT OFFICER STRITMATTER KESSLER WHELAN
JASON ANDERSON HAS PROBABLY COMMITTED PERJURY KOEHLER MOORE
3600 15th Ave W, #300| Seattle, WA 98119
24 AND FOR TRANSMITTAL TO THE PROSECUTING ATTORNEY Tel: 206-448-1777
PURSUANT TO RCW 9.72.090 - 2
1 9:49:22 Shots were fired.

2 9:50:42 Officer McNew requested that other police officers respond.

3 9:53:41 The first backup police unit arrived.

4 9:56 The second backup police unit arrived

5 9:57:25 Officer McNew requests the Fire Department.

6 10:00:12 Fire Department arrives.

7 Officer Anderson concurs with the FIT timeline.7

8 3.3 Between the time shots were fired and the fire department arrived, the scene was not

9 secured. No photos were taken of Charleena Lyles’ body position at any time while she

10 remained in the apartment. Nor were markers placed.

11 3.4 Four minutes after the shooting when the first backup arrived, aid had still not been

12 rendered to Charleena Lyles.8 It appears that aid was first provided sometime after the second

13 police unit arrived which would have been six and a half minutes after the shooting. At that time

14 officers rolled Charleena Lyles’ body over and began to provide aid.9 This was done without

15 taking photos or marking her initial body position in the apartment.

16 3.5 At 9:58.56 the officer rendering aid stated that he did not get a pulse.10

17 3.6 After 10:00:12 “Seattle Fire arrived on scene, and ordered us to move the woman to the

18 hallway. An Officer grabbed her by her upper body, and I grabbed her by her legs, the two of us

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Jason Anderson Deposition Vol. II. P. 180. Designated Deposition Ex. 70. Ex. 2.
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FIT report’s timeline, CITYLYLES 020532-34 Ex 3.
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Jason Anderson Deposition Vol. II. p. 238-239. Ex. 2.
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22 Field Training Officer Barton statement. Bates CITYLYLES 000777. Ex. 4.
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Officer Ladd statement. Bates CITYLYLES 000759. Ex. 5.
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FIT report’s timeline. Bates CITYLYLES 020540. Ex. 3.
23 PLAINTIFFS’ MOTION FOR A FINDING THAT OFFICER STRITMATTER KESSLER WHELAN
JASON ANDERSON HAS PROBABLY COMMITTED PERJURY KOEHLER MOORE
3600 15th Ave W, #300| Seattle, WA 98119
24 AND FOR TRANSMITTAL TO THE PROSECUTING ATTORNEY Tel: 206-448-1777
PURSUANT TO RCW 9.72.090 - 3
1 moved her to the hallway for SFD to begin treating her.” 11 This was done without taking photos

2 or marking Charleena Lyles’ body position in the apartment.

3 3.7 The police did not discuss securing the scene until 10:24:24 after the Fire Department had

4 left.12

5 3.8 Because the scene was not preserved prior to moving Charleena Lyles into the apartment

6 hallway coupled with the police not using body cams at that time, it was critical for the officers

7 involved in the shooting to be accurate in their description of what happened. They were also

8 required by their job descriptions and the law, to tell the truth.

9 3.9 On June 20, two days later, Officer Anderson was ordered to answer questions relating to

10 the performance of his official duties.13 He stated repeatedly that when he used his gun to shoot

11 Ms. Lyles, the door to the apartment was closed14 and he was inside of the apartment. 15

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3.10 The FIT report adopted Officer Anderson’s statements regarding: a) confined space, b)
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short distance, and c) no “shielding” due to the closed doorway as justification for the shooting:16
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21 11
Officer Murphy Statement. Bates CITYLYLES 000794. Ex. 6.
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FIT report’s timeline. Bates CITYLYLES 0020540. Ex. 3.
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22 FIT Report. Anderson Statement. Bates Lyles_I0556. Designated Ex. 72. Ex. 7
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FIT Report. Anderson Statement. Bates Lyles_I0569. “The door was closed.” Ex 7
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FIT Report. Anderson Statement. Bates Lyles_I0596. Ex 7
23 PLAINTIFFS’ MOTION FOR A FINDING THAT OFFICER STRITMATTER KESSLER WHELAN
JASON ANDERSON HAS PROBABLY COMMITTED PERJURY KOEHLER MOORE
3600 15th Ave W, #300| Seattle, WA 98119
24 AND FOR TRANSMITTAL TO THE PROSECUTING ATTORNEY Tel: 206-448-1777
PURSUANT TO RCW 9.72.090 - 4
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3.11 In his deposition, Officer Anderson testified multiple times, that he shot Charleena Lyles
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while he was backed up to the closed entrance door of her apartment.
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 “I sidestepped to my left slightly to be in front of the closed door of the
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apartment, trying to create more distance and gain some more time to assess what
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was going on.”18
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 He was standing in front of the closed door to the apartment.19
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 He was somewhere in the entry with the door closed when he drew his weapon.20
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 He and Officer McNew checked on each other while Officer Anderson was “still
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standing in front of the closed door to the apartment.”21
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14  Officer Anderson only opened the door after Ms. Lyles was down on the

15 ground.22

16  He saw her fall to the ground while he had his back up against the entrance

17 door.23

18  After the shooting was done “I had opened the door to the apartment to create a

19 little more distance between myself and Ms. Lyles, who was on the floor”…”24
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FIT Report CITYLYLES 020559 Ex. 14
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FIT Report CITYLYLES 020559. Ex. 14
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Jason Anderson Deposition Vol. II p. 175:4-5. Ex. 2
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Jason Anderson Deposition Vol. II p. 221-222. Ex. 2
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Jason Anderson Deposition Vol. II p. 223 1-10. Ex. 2
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22 Jason Anderson Deposition Vol. II p. 199: 20-25. Ex. 2
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Jason Anderson Deposition Vol. II p. 200: 1-24; p. 201: 4-9. Ex. 2
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Jason Anderson Deposition Vol. II p. 214: 13-21. Ex. 2
23 PLAINTIFFS’ MOTION FOR A FINDING THAT OFFICER STRITMATTER KESSLER WHELAN
JASON ANDERSON HAS PROBABLY COMMITTED PERJURY KOEHLER MOORE
3600 15th Ave W, #300| Seattle, WA 98119
24 AND FOR TRANSMITTAL TO THE PROSECUTING ATTORNEY Tel: 206-448-1777
PURSUANT TO RCW 9.72.090 - 5
1  “I went into the hallway after the shots were fired.”25

2  The diagram drawn by Officer Anderson shows him inside the entrance with the

3 door closed to the premises at the time of shooting.26

4 3.12 The surveillance video of Brettler Place hallway and the in-car-videos from Officer

5 Anderson and McNew’s vehicles were synchronized by expert Wilson C. Hayes.27 He states:

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3.13 The synchronized videos by the SPD and Expert Hayes show that Officer Anderson
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testified falsely by claiming he was inside the apartment with his back against the closed
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entrance door during the shooting. Instead he shot into the apartment from the outside hallway.
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Jason Anderson Deposition Vol. II p. 179: 12-19. Ex. 2
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22 Jason Anderson Deposition Vol. II. p. 239. Ex. 2
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Jason Anderson scene sketch. Ex. 8
27
Wilson C. Hayes Declaration. Ex. 9.
23 PLAINTIFFS’ MOTION FOR A FINDING THAT OFFICER STRITMATTER KESSLER WHELAN
JASON ANDERSON HAS PROBABLY COMMITTED PERJURY KOEHLER MOORE
3600 15th Ave W, #300| Seattle, WA 98119
24 AND FOR TRANSMITTAL TO THE PROSECUTING ATTORNEY Tel: 206-448-1777
PURSUANT TO RCW 9.72.090 - 6
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10 The audio synchronized video performed by Mr. Hayes is attached.28

11 The audio synchronized video performed by the City is attached.29

12 3.14 During his deposition, Officer Anderson was shown the hallway surveillance video

13 several times and denied that he was shooting from the hallway. 30

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22 Hayes video synchronization. Ex. 10.
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City video synchronization. Ex. 11.
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Jason Anderson Deposition Vol. II. p. 197-198. Ex 2 corresponding video clip Ex 12
23 PLAINTIFFS’ MOTION FOR A FINDING THAT OFFICER STRITMATTER KESSLER WHELAN
JASON ANDERSON HAS PROBABLY COMMITTED PERJURY KOEHLER MOORE
3600 15th Ave W, #300| Seattle, WA 98119
24 AND FOR TRANSMITTAL TO THE PROSECUTING ATTORNEY Tel: 206-448-1777
PURSUANT TO RCW 9.72.090 - 7
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23 PLAINTIFFS’ MOTION FOR A FINDING THAT OFFICER STRITMATTER KESSLER WHELAN
JASON ANDERSON HAS PROBABLY COMMITTED PERJURY KOEHLER MOORE
3600 15th Ave W, #300| Seattle, WA 98119
24 AND FOR TRANSMITTAL TO THE PROSECUTING ATTORNEY Tel: 206-448-1777
PURSUANT TO RCW 9.72.090 - 8
1 3.15 The deposition video excerpt of Officer Anderson denying that he was shooting as shown

2 by the surveillance video is attached.31

3 3.16 The CSI scene diagram does not place Officer Anderson inside the apartment at the time

4 of shooting, a fact mysteriously not discussed by FIT or the Force Review Board (FRB).32

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3.17 Plaintiffs are greatly concerned that Officer Anderson’s false story of the closed door,
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associated misrepresentations of distance, lack of shielding, and alteration of the incident scene
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by the police, have combined to mislead the FRB, FIT and CSI investigators,33 and this Court.
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Excerpted video Jason Anderson Deposition pp. 197:8-198:9. Ex. 12
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22 CSI Diagram. Designated Ex. 107, Ex. 13
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It is unknown why the FRB and FIT failed to pursue the fact of Officer Anderson’s absence from inside of the
apartment at time of shooting as diagramed by CSI.
23 PLAINTIFFS’ MOTION FOR A FINDING THAT OFFICER STRITMATTER KESSLER WHELAN
JASON ANDERSON HAS PROBABLY COMMITTED PERJURY KOEHLER MOORE
3600 15th Ave W, #300| Seattle, WA 98119
24 AND FOR TRANSMITTAL TO THE PROSECUTING ATTORNEY Tel: 206-448-1777
PURSUANT TO RCW 9.72.090 - 9
1 IV. EVIDENCE RELIED UPON

2 Declaration of Karen Koehler and exhibits attached.

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V. LEGAL AUTHORITY AND ARGUMENT
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5.1 Jason Anderson falsely testified repeatedly that he was trapped in the apartment
with his back against the closed entrance door when he shot Charleena Lyles, when
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to the contrary he was outside in the apartment hallway.
6 The Plaintiffs do not act lightly in bringing this serious and unusual motion. Charleena
7 Lyles was in mental health crisis when she was shot and killed inside her home within four feet
8 of her baby boy34 who then crawled on top of her body. The City under the shadow of a consent
9 decree, almost immediately began to release to the media and general public, its internal
10 documents including interviews, transcripts, and surveillance videotapes.
11 The City’s decision to go public apparently paid off when the FIT investigators accepted
12 Officer Anderson’s statements that he was left with no choice but to shoot Charleena Lyles
13 because there was: a) insufficient distance to use the taser that he had deliberately failed to bring
14 in violation of SPD policies; b) there was nothing for him to shield himself behind since his back
15 was to a closed door; and c) de-escalation was not possible because the apartment was very small
16 and he could not create more distance.
17 The false statements made by Jason Anderson in his deposition support a charge of first
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degree perjury under RCW 9A.72.020: “A person is guilty of perjury in the first degree if any
19 official proceeding he or she makes a materially false statement which he or she knows to be
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false under an oath required or authorized by law.”
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Jason Anderson Deposition Vol. II. p. 240. Ex. 2.
23 PLAINTIFFS’ MOTION FOR A FINDING THAT OFFICER STRITMATTER KESSLER WHELAN
JASON ANDERSON HAS PROBABLY COMMITTED PERJURY KOEHLER MOORE
3600 15th Ave W, #300| Seattle, WA 98119
24 AND FOR TRANSMITTAL TO THE PROSECUTING ATTORNEY Tel: 206-448-1777
PURSUANT TO RCW 9.72.090 - 10
1 In re Recall of Perasall-Stipek, 141 Wn.2d 756, 10 P.3d 1034 (2000), involved false

2 statements made at trial and deposition in a civil matter by a public official.

3 A charge of perjury in the first degree requires that the untruthful statement be made in
the course of an “official proceeding” and that the statement be “material.” It is
4 undisputed that Pearsall–Stipek's statements occurred during an official proceeding. See
RCW 9A.72.010(4)35. Therefore, the principal issue is whether the statements were
5 material. A statement is material if it “could have affected the course or outcome of the
proceeding....” RCW 9A.72.010(1).
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Id. at 772.
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The Supreme Court concluded that though the statements were false, they were not
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sufficiently material36 enough to support a finding of perjury. Instead they would support a
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finding of false swearing.
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Here, the issue of whether the door was open or closed was material. It was a substantive
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fact integral to the police investigations and later findings by the FRB that were published to the
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world. It is material to the civil case particularly where no attempt was made by the officers or
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SPD to preserve the scene before finally touching Charleena Lyles body six and a half minutes
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after she first hit the floor.
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16 5.2 In light of Officer Anderson’s false testimony, the Trial Judge is empowered
to make a finding that perjury has probably occurred and may then refer the
17 matter to the prosecuting attorney.

18 RCW 9.72.090 was enacted in 1909. Though uncommonly used it authorizes the Court

19 to make a finding of perjury and forward the matter for criminal prosecution.

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RCW 9A.72.010(4): “Official proceeding” means a proceeding heard before any legislative, judicial,
21 administrative, or other government agency or official authorized to hear evidence under oath, including any
referee, hearing examiner, commissioner, notary, or other person taking testimony or depositions.
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22 RCW 9A.72.010(1): “Materially false statement” means any false statement oral or written, regardless of its
admissibility under the rules of evidence, which could have affected the court or outcome of the proceeding;
whether a false statement is material shall be determined by the court as a matter of law.
23 PLAINTIFFS’ MOTION FOR A FINDING THAT OFFICER STRITMATTER KESSLER WHELAN
JASON ANDERSON HAS PROBABLY COMMITTED PERJURY KOEHLER MOORE
3600 15th Ave W, #300| Seattle, WA 98119
24 AND FOR TRANSMITTAL TO THE PROSECUTING ATTORNEY Tel: 206-448-1777
PURSUANT TO RCW 9.72.090 - 11
1
Whenever it shall appear probable to a judge, magistrate, or other officer lawfully
2 authorized to conduct any hearing, proceeding or investigation, that a person who
has testified before such judge, magistrate, or officer has committed perjury in
3 any testimony so given, or offered any false evidence, he or she may, by order or
process for that purpose, immediately commit such person to jail or take a
4 recognizance for such person's appearance to answer such charge. In such case
such judge, magistrate, or officer may detain any book, paper, document, record
5 or other instrument produced before him or her or direct it to be delivered to the
prosecuting attorney.
6
RCW 9.72.090.
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There is a material difference between shooting when you are backed up and trapped
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inside an apartment by a closed door versus shooting from outside the hallway of an apartment
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building through an open doorway into an apartment.
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VI. CONCLUSION
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The false testimony given by Officer Anderson is significant. It has undermined the
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integrity of FIT, CSI, FRB, City of Seattle’s public officials and its police department in a case
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that has garnered national attention. If left unchecked the false statements will further undermine
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these civil proceedings and all notions of fairness and justice owed to the memory of Charleena
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Lyles, her four minor children, her family, and our community.
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For these reasons the Plaintiffs respectfully request that this Court enter a finding
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that Officer Anderson has given material false testimony and further refer the matter to
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the appropriate Prosecuting Attorney’s office.
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A proposed order is attached to this motion.
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23 PLAINTIFFS’ MOTION FOR A FINDING THAT OFFICER STRITMATTER KESSLER WHELAN
JASON ANDERSON HAS PROBABLY COMMITTED PERJURY KOEHLER MOORE
3600 15th Ave W, #300| Seattle, WA 98119
24 AND FOR TRANSMITTAL TO THE PROSECUTING ATTORNEY Tel: 206-448-1777
PURSUANT TO RCW 9.72.090 - 12
1 Dated this 18th day of June, 2018.

2 I certify that this memorandum contains less than 4,200
words, in compliance with the Local Civil Rules.
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___________________________________
6 Karen K. Koehler, WSBA #15325
Melanie Nguyen WSBA #51724
7 STRITMATTER KESSLER WHELAN
KOEHLER MOORE
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_____________________________________
Edward H. Moore, WSBA #41584
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LAW OFFICES OF EDWARD H. MOORE, PC
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23 PLAINTIFFS’ MOTION FOR A FINDING THAT OFFICER STRITMATTER KESSLER WHELAN
JASON ANDERSON HAS PROBABLY COMMITTED PERJURY KOEHLER MOORE
3600 15th Ave W, #300| Seattle, WA 98119
24 AND FOR TRANSMITTAL TO THE PROSECUTING ATTORNEY Tel: 206-448-1777
PURSUANT TO RCW 9.72.090 - 13
1 CERTIFICATION

2 I hereby certify that on June 18, 2018, I delivered a copy of the document to which this
certification is attached for delivery to all counsel of record as follows:
3
Robert L. Christie, WSBA 10895 U.S. Mail
4 Megan Coluccio, WSBA 44178 Fax
Christie Law Group Legal messenger
5 2100 Westlake Ave N, Ste 206 Electronic Delivery (per KCLR 30 via
Seattle, WA 98109-5802 KCSC efiling system)
6 Counsel for Defendants McNew and
Anderson
7 bob@christielawgroup.com;
megan@christielawgroup.com;
8 stefanie@christielawgroup.com

9 Ghazal Sharifi, WSBA 47750 U.S. Mail
Jeff Wolf, WSBA 20107 Fax
10 Seattle City Attorney's Office Legal messenger
701 5th Ave Suite 2050 Electronic Delivery (per KCLR 30 via
11 Seattle, WA 98104 KCSC efiling system)
Counsel for Defendant City of Seattle
12 Ghazal.sharifi@seattle.gov;
Jeff.wolf@seattle.gov;
13 kelly.nakata@seattle.gov;
autumn.derrow@seattle.gov;
14 belen.johnson@seattle.gov;
Jennifer.litfin@seattle.gov
15

16 s/ Elodie Daquila
______________________________
17 Elodie Daquila
Paralegal
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23 PLAINTIFFS’ MOTION FOR A FINDING THAT OFFICER STRITMATTER KESSLER WHELAN
JASON ANDERSON HAS PROBABLY COMMITTED PERJURY KOEHLER MOORE
3600 15th Ave W, #300| Seattle, WA 98119
24 AND FOR TRANSMITTAL TO THE PROSECUTING ATTORNEY Tel: 206-448-1777
PURSUANT TO RCW 9.72.090 - 14