The Pierce County Prosecuting Attorney's Office has determined a sheriff's deputy lawfully fired an AR-15 at a 70-year-old who reportedly threatened to kill himself and aimed his revolver at police while laughing from a rocking chair during a standoff nearly two years ago.
In a letter to Sheriff Ed Troyer on Tuesday, deputy prosecutor Kelly Montgomery deemed the shooting justified and surmised the heavily intoxicated man was attempting to goad police into a so-called "suicide by cop" on his front porch southwest of Buckley on April 15, 2021, according to a copy of the letter provided by the Prosecuting Attorney's Office.
A Pierce County Force Investigation Team probe led by Tacoma police detective Jack Nasworthy concluded a single rifle round fired by deputy Christopher Trask struck a front porch railing and then hit resident Robert Hawk in the chest, Montgomery's letter said. Hawk survived.
The day of the shooting, Pierce County deputies responded to a report made by Hawk's stepdaughter that he was intoxicated, armed and had threatened to shoot her husband, according to the letter. The husband had retreated from Hawk's mother-in-law unit and opted against calling 911 in hopes Hawk would calm down on his own.
Hawk, a retired Boeing employee with no criminal history, was airlifted to the hospital in stable but critical condition, according to information released by PCFIT. Court records do not show he was charged in connection to the incident.
Sheriff's Department spokesperson Sgt. Darren Moss said Trask has since returned to duty full-time.
Trask, hired as a deputy in February 2016, declined to make a statement to PCFIT, according to Montgomery's letter. The memo indicates investigators did not speak to Hawk.
"A close look at the timeline of this incident over a 36-minute period shows law enforcement's efforts to de-escalate a volatile situation, and also shows Mr. Hawk's actions to escalate the situation, perhaps in an attempted suicide-by-cop," Montgomery wrote.
Montgomery's letter gives the following account of the shooting:
Hawk was reportedly drinking outside his accessory dwelling when his stepdaughter's husband confronted him about his alcoholism and decided to block in the older man's truck to keep him from driving. Hawk threatened to shoot the man in the head if he didn't move the car.
The husband reported he was fearful because he knew Hawk had access to a revolver that he'd purchased after the family took away his other guns. After he retreated to the main house, he saw Hawk with the pistol and heard him say, "You better move that truck."
Hawk drank from a rocking chair on his front porch while his stepdaughter and her husband texted about what to do. She decided to call 911.
Two Pierce County deputies arrived just before 2 p.m. and spoke with the family. Hawk was on his front porch about 80 yards from the main house. The woman told police not to shoot Hawk, and they reassured her they'd attempt to de-escalate the situation.
Shortly thereafter, four other deputies, including Trask, and Buckley Police Chief Kurt Alfano arrived. Trask parked his patrol SUV in the backyard for cover and attempted to speak with Hawk over a loudspeaker. Hawk had not answered calls to his phone previously.
While Trask spoke, Hawk continued rocking in his chair and did not respond to commands to surrender. He also did not respond to his stepdaughter when she asked him to give himself up. Police initially could not see a weapon in Hawk's hands.
About 30 minutes after police arrived, Hawk began yelling toward the deputies and appeared to be gesturing for them to come over. He said he couldn't get out of his chair, and several minutes later he put his hands in the air, telling deputies to come to him.
Soon after, Hawk went inside his residence and told deputies to "go ahead" and shoot him. Then he returned to his rocking chair with another drink.
At about 2:44 p.m., Hawk told deputies, "The only way I'm walking away from this is if you come talk to me," and put his revolver up to his head. ".38," Hawk replied when deputies asked what he was holding.
Hawk refused to drop the gun and said he was going to kill himself.
A few minutes later, Hawk allegedly smiled and laughed as he trained his revolver on the deputies, then singled out one officer.
The deputy reported his ballistic shield didn't cover his full body and he was vulnerable to gunfire, so he started shifting to use the house as cover.
At the same time, Trask fired his rifle at Hawk, who moaned and said, "That hurt." Hawk set his gun on a side table, leaned back and appeared to exhibit breathing problems. A team of deputies approached Hawk from behind a shield to give him medical attention.
Hawk's stepdaughter reported hearing deputies say, "Don't point that at your head," and then a single gunshot. It had been just shy of an hour since police had arrived.
Upon admission to the hospital, Hawk's blood-alcohol level was measured at .28, more than three times the legal limit to drive.
Deputies found Hawk's revolver contained four live bullets and one spent cartridge but could not determine when he might have fired it. Only Alfano, the Buckley chief, reported hearing a bullet travel over deputies' heads as Trask fired.
"Mr. Hawk told the deputies that he was a 13-year vet and that he respected law enforcement. This statement could be interpreted as an apology to law enforcement for what was about to occur," Montgomery wrote. "Mr. Hawk next placed the gun to his head, but he did not pull the trigger. Mr. Hawk then escalated the situation as he waved the gun at officers while smiling. Mr. Hawk did not pull the trigger; but he told the officers that he wanted to die. "
"Waving the gun in the direction of the officers did not draw gunfire from them. Understanding this, Mr. Hawk made a deliberate action that would effectuate a prompt response," Montgomery wrote. "... There was no reasonably effective alternative to using deadly force to stop Mr. Hawk's deadly threat."
